EMBARGO ON IMPORT

The economic sanctions in the form of prohibition of import from country - àãðåññîðà have by the problem deprivation of country, on which are applied sanctions, legal tenders necessary for import. The efficiency of these sanctions depends on the following circumstances: 1) .îò that, in what measure the country - àãðåññîð requires import; 2) .îò that, in what measure she(it) possesses other sources for payment in the form of receipts under the so-called invisible articles of a balance of payments. The experience of the last years has shown, that the import of country can be subjected to significant reductions. During the second world(global) war from the nomenclature of import of struggling countries the fancies have disappeared, the import of consumer goods was sharply reduced. All this occurs as a result of downturn of a scale of living, compression of a home consumption of the broad masses. Simultaneously there is some expansion of import of main kinds of raw material necessary for military production and production, connected to the militarian. Import under the articles of военно-raw significance, which production äåôèöèòíî in country especially is increased. This implies, that the countries to the greatest degree dependent on foreign import of the raw goods, in the least degree are capable to reduce import. In this connection we shall stay on the characteristic of import of such country, as Iraq in 1994, when this import is already compressed by conditions ïðåäâîåííîé of a conjuncture (we are founded(established) on the tables contained in statistics of international trade after 1994, issued a UN). Iraq on the basis of the further downturn of a scale of living of the workers has reduced and can even more reduce the import of food products, furs, even of tobacco, but she(it) cannot even more reduce import of ore, ìåäè, mineral oils, wool, silk, clap(cotton) and ëüíà. A minimum the third of present iraq import should be saved for want of sharpest reduction of importation in Iraq. Uneasy to itself to present, that in these conditions the complete termination(discontinuance) of export from Iraq even for want of preservation of foreign trade at a level of one third can serious complicate a rule(situation) of country. For valuation of the economic importance ýâåíòóàëüíîãî the applications of the sanctions to Iraq need to be taken into account specific organization âíåøíåõîçÿéñòâåííûõ of communications(connections) of this country. Having insignificant gold reserves and requiring large raw and food import, Iraq has constructed the communications(connections) with the majority of countries of the world (except USA) on áåçâàëþòíûõ accounts, on the basis of the clearing agreements. Thus import of Iraq is paid by extremely its(her) export, moreover, the import of Iraq from the given country is paid as a rule, export to the same country. This specific feature âíåøíåõîçÿéñòâåííûõ of communications(connections) of Iraq hinders transferring its(her) import from one country on other. It means, that the prohibition of export from Iraq in the certain group of countries is for facilities(economy) heavy impact, as that prohibition automatically means for Iraq the termination(discontinuance) of import from this group of countries and respective import relief and all supply of iraq import and all supply iraq хозяйства1. If we shall take Japan, the picture will be approximately same, with that only difference, that necessary import of Japan by virtue of some more greater its(her) dependence on the external market will be $much more(greater) and will make not less than halves of present import. The truth, import of a clap(cotton), which makes a third of all import of Japan, in case of application to Japan of economic sanctions would undergo to strong reduction, as the clap(cotton) this goes in the significant part on production of cotton fabrics for export. The reduction of export would result in import relief under this article. Nevertheless for want of of existing dependence of Japan on the external world we consider(count), that, evaluating necessary import of Japan in 50 % of its(her) normal import, we do not miss true. In the same rule(situation) there is a majority of countries of the world, except for Great Britain, USA and partly of France, and also several small countries (Holland, Belgium, Switzerland), which, being the creditors of the world, have the active articles of a balance of payments in the form of receipts under the credits, given by them. These active articles can in turn limited to application of the sanctions in the form of temporary suspension of payments on debts of old standing. Some appreciable investments abroad possess only Great Britain, USA and France. The investments of other states are rather insignificant. It is necessary also to take into account difficulty of mobilization of these capitals in case of necessity, and also aspiration separate êàïèòàëèñòîâ, engaging these investments to evade from transfer to their government. The efficiency of prohibition of import from country - àãðåññîðà, prohibition depriving this country legal tenders, can have an effect not at once, if countries - àãðåññîðà have significant investments abroad or significant stocks of gold, which she(it) can realize(sell) and to use for payment of the import. Significant gold reserves possess first of all USA and France, and then Great Britain and small countries - Belgium, Holland both Switzerland. Germany and Italy some appreciable stocks of gold have not. The stocks these cannot be filled up with internal production of gold, as this production is distributed on other countries. It goes without saying, that the efficiency of prohibition of import from country - àãðåññîðà depends on generality(universality) of this measure. If this measure will not be applied by the majority of countries of the world, she(it) will appear much less effective. It is known, that on the members the UN on the average is necessary approximately 88 % of world(global) trade. The sanctions on the idea should induce àãðåññîðà to stop aggression; they should deprive of his(its) means for continuation of aggression. It is possible only in the event that the raw embargo will deprive country - àãðåññîðà of the most essential means necessary for continuation of war. The country, by which the embargo is applied, should require import raw material have paramount significance. Only in that case of economic sanctions can be effective. It means, that the efficiency of the sanctions is increased in a proportion of growing dependence of this or that country from foreign sources of raw material. Perfectly understanding it, ýâåíòóàëüíûå àãðåññîðû, first of all Germany, and then Japan and Italy accepted intensive measures for creation of independence of the country from world(global) facilities(economy), for reception inside country of the foodstuffs and raw material necessary for management of war. Despite of these successes, it is possible definitely to tell, that there is no country, which would not depend on foreign raw import. Determining significance in the world(global) coal market have USA, Great Britain and Germany. Despite of it is have a rather insignificant mineral industry, Poland in view of narrow capacity of a home market is also big exporter óãëÿ. The important place in the coal market is taken by(with) Russia, which export, truth, is insignificant owing to a huge home consumption. On iron ore the world(global) manufacturers - France, Russia and USA. However production of USA hardly(with an effort) covers a home consumption, and on export nothing acts(arrives). A determining role on world(global) õëîïêîâîì the market belongs to USA, India, Egypt and Brasil. The large manufacturer is as well China, which consumption is great. On a wool the large manufacturers - Australia, Argentina, ÞÀÐ, New Zealand and USA. The production of USA completely is consumed by a home market, and this country is import ё rum of a wool. In the market of aluminium the leading role belongs to USA, Germany, France, Norway, and also Canada. On antimony the determining role belongs to China. On àñáåñòó the world(global) manufacturers - Canada, Russia, ÞÀÐ. On áîêñèòàì the managing role in the market is taken by(with) France, partly USA. The largest manufacturers are also Italy and Yugoslavia. On õðîìîâîé the ore behind Russia as the large manufacturer is followed by(with) Turkey. An essential role plays also New Êàëåäîíèÿ. On ìåäè the large manufacturer are by USA, the significant production is present also in Canada and Chile. On ôîñôàòàì the managing role belongs Ñîåäèí ё ííûì to Staffs(states), France and Germany. On lead the managing role belongs to Canada, Australia and Mexico. The production in Ñîåäèí ё ííûõ Staffs(states), France and Germany is significant. On lead the managing role belongs to Canada, Australia and Mexico. The production in Ñîåäèí ё ííûõ Staffs(states) and then in Spain and Germany is significant. However, this product is present in the majority of countries. The manganese in a fair quantity is present only in Russia and India. Íèêåëü mainly is present in Canada. The rather significant production is present at France - In New Êàëåäîíèè. The sulfur is present mainly in Ñîåäèí ё ííûõ Staffs(states) and Italy. Ïèðèòû are distributed between sets of countries of the world. Âîëüôðàì is present mainly in China and India. Zinc - at a fair quantity of countries, including at Germany. Êàäìèé - in USA, Mexico, Canada, Australia and in France. Mercury - in USA, Italy and Spain. Platinum - in Russia, and also in Colombia, Canada, ЮАР1. From íèæåñëåäóþùåãî of transfer it is visible, as the dependence on the foreign market of separate countries on îïðåäåë ё ííûì to the goods is great. Great Britain on a clap(cotton), antimony, àñáåñòó, áîêñèòàì, õðîìîâîé to ore, ìàãíåçèòó, manganese, mercury, ìîëèáäåíó, íèêåëþ, platinum, rubber, sulfur - complete dependence on the foreign market; on graphite, lead, petroleum, tin, âîëüôðàìó, wool, zinc - almost complete dependence. France on õðîìó, clap(cotton), ìàãíåçèòó, íèêåëþ, rubber, tin, âîëüôðàìó - complete dependence; on ìåäè, graphite, lead, manganese, petroleum, sulfur, wool, zinc - almost complete dependence; on antimony and óãëþ - significant dependence. Germany on áîêñèòàì, õðîìó, clap(cotton), mercury, platinum, rubber, tin, âîëüôðàìó, wool - significant dependence. Italy on õðîìó, íèêåëþ, platinum, rubber, tin and âîëüôðàìó - complete dependence; on óãëþ, ìåäè, clap(cotton), iron, lead, manganese, petroleum, wool, zinc - almost complete dependence. Japan on áîêñèòàì, clap(cotton), íèêåëþ, rubber, wool - complete dependence; on antimony, iron, lead, ìàãíåçèòó, mercury, petroleum, platinum, tin, âîëüôðàìó, zinc - almost complete dependence. Poland on àíòèìîíèþ, áîêñèòàì, õðîìó, ìåäè, clap(cotton), graphite, ìàãíåçèòó, manganese, mercury, íèêåëþ, platinum, rubber, tin, âîëüôðàìó - complete dependence; on iron and wool - significant dependence. Ñîåäèí ё ííûå Staffs(states) on antimony, íèêåëþ, rubber, tin - complete dependence; on õðîìó and manganese - significant dependence. Of their analysis âûøåïðèâåä ё ííûõ of the data follows, that main countries have in the hands the control of major raw branches, is Great Britain, USA, Франция1. The analysis supports all ïðèâåä ё ííûõ of the data the assumption, put forward by us,, that any country is not completely independent from world(global) facilities(economy). USA possess main sources of raw material, however and this country depends on foreign importation under such decisive articles of military import, as íèêåëü, rubber and tin. Is characteristic, what exactly these raw branches almost completely are supervised by the main contender of USA - England. On the other hand, England having in the world rather greater independence, âñ ё represents compact íàðîäíî - economic whole. Âñ ё it can result that in large war with the powerful contender, engaging strong fleet, British empire as the unity can turn to fiction. Between that Great Britain depends on world(global) facilities(economy) almost on all major raw branches, since a clap(cotton) and finishing rubber and petroleum. Thus, despite of all àâòàðêè÷åñêèå óñòðåìëåíèÿ of countries preparing to new world(global) áîéíå, it was not possible by him(it) till now it will be not possible hereinafter îñòè÷ü of stable independence of world(global) facilities(economy). The limits àâòàðêè÷åñêèì óñòðåìëåíèÿì are fixed largely ðèðîäíûì by distribution of natural riches. The successes of a science have managed to a certain extent ìÿã÷èòü this natural division of labour. So, already there is a synthetic petroleum, rubber and apparently synthetic clap(cotton). However seller's price of these productions a synthetic clap(cotton). However seller's price of these productions in the world åù ё does not allow completely to replace natural kinds of raw material synthetic. Furthermore(in addition to) and the modern science åù ё has not reached complete replacement of all kinds of raw material artificial or substitutes. As far as it is known, åù ё the replacements for example such colour metals, as tin and íèêåëü have not found to themselves. Taking into account these circumstances, ýâåíòóàëüíûå àãðåññîðû go not only on a line of expansion of internal production of scarce kinds of raw material and experimental ïîñòàíîâêè÷åñêèé a clap(cotton). However seller's price of these productions in the world åù ё does not allow completely to replace natural kinds ñû Ðüÿ synthetic. Furthermore(in addition to) and the modern science åù ё has not reached complete replacement all Х kinds of raw material artificial or substitutes. As far as it is known, åù ё the replacements for example such colour metals, as tin and íèêåëü have not found to themselves. Taking into account these circumstances, ýâåíòóàëüíûå àãðåññîðû go not only on a line of expansion of internal production of scarce kinds of raw material and experimental ïîñòàíîâêáùåíèé. Opposite(on the contrary), such countries, as Italy, Japan and Germany, in view of availability in these countries of the powerful productive device for want of of poverty by natural raw resources would be essentially constrained in the actions by application of embargo on main kinds of raw material. For want of application of embargo on raw products it is necessary to take into account, first, generality(universality) of a used measure and, secondly, availability in country of stocks of raw material. The members a UN, as ÿâñòâóåò from the analysis of the mentioned above data, supervise from major kinds of raw material only tin, íèêåëü and rubber. But already without USA and Egypt it is impossible with complete efficiency to apply economic sanctions on a clap(cotton); without USA it is impossible to use sanctions on petroleum, ìåäü and sulfur; without Germany and partly USA (though here production óãëÿ in main is consumed inside country) it is impossible to apply embargo on a corner; without USA and Germany it is impossible to apply embargo on iron, steel, zinc and lead; without USA and Italy it is impossible to apply embargo on mercury. Thus, the main role of USA and significant role of Germany in the market of the major raw goods is ñåðü ё çíûì an obstacle for effective application of economic sanctions a UN. The question on stocks of raw material has essential significance: if for example on petroleum it is difficult because of necessity to have extremely îáú ё ìíûå of storehouse to create stocks more, than on some months, already on ores iron and manganous, on colour metals etc. it is possible to prepare stocks on some years. It weakens significance of economic sanctions, which in this case can only complicate long and " large war " for country - àãðåññîðà, but cannot prevent military actions àãðåññîðà in the first time. Summarizing all told, the rather effective means in a case is possible to come to a conclusion, that economic sanctions in the form of prohibition of import from country - àãðåññîðà -: 1). If the structure of import of the given country is those, that the significant share(!long) it(him) is taken by(with) raw products, which importation almost can not be ñîêðàù ё í; 2). If the structure of the payment ё æíîãî of balance of this country is those, that she(it) does not possess instead of dropping out export of the significant payment ё æíûìè means under the invisible articles; 3). If this country does not possess significant stocks of gold and precious metals and does not extract at itself; 4). If she(it) does not possess abroad easily sold investments; 5). If in import of this country the significant sharing(participation) is accepted by(with) countries which are applying sanctions. Ïðèâåä ё ííûé the analysis is higher proceeds from that rule(situation), that all members a UN participate in the sanctions. 2.3. Additional kinds of economic sanctions The sanctions are compulsory measures used to the state - infringer. They can be applied by international organizations (universal and regional), group of the states or separate of государствами1. The sanctions for an encroachment on the international world and safety are stipulated in an item 39, 41 and 42 Charters a UN. The sanctions as the form of compulsion are applied only in case of fulfilment of a heavy international crime. It is impossible to consider(count) application of the sanctions in other cases lawful, for, in essence, the sanctions are reaction to deliberate fulfilment of illegal actions or deliberate causing âðåäà. For the second world(global) war to the states - àãðåññîðàì were applied the political and economic form of the sanctions. So, after unconditional êàïèòóëÿöèè ãèòëåðîâñêîé of Germany according to the Declaration from June 5, 1945 allied äåðæàâû have undertaken functions of a supreme authority, have carried out its(her) disarmament and äåìèëèòàðèçàöèþ, liquidated and have forbidden íàöèñòñêèå of organization. In Germany was established(installed) îêêóïàöèîííûé a mode. The economic sanctions are applied in case of infringement by the state of the international obligations connected to causing of a material loss or for the sertificates(acts) of aggression. She(it) can be expressed in the form of an export embargo, embargo on import, complete embargo, and also reparations, restitutions, ðåïðåññàëèé and ñóáñòèòóöèé. The reparations - represent reimbursement of a material loss in money terms, goods, services. Volume and kind of reparations, as a rule, are applied on the basis of the international agreements. The sum of reparations. Usually, is significant less than volume of damage caused by war. For example. Under the decision of a Crimean conference of a 1945 of a reparation from Germany have made only 20 ìëðä. Dollars. The agreement on the termination(discontinuance) of war and restoration of the world in Vietnam from January 27, 1973 obliged USA only to introduce " the contribution in çàâëå÷åíèå of wounds of war and ïîñëåâîåííîå construction of Democratic Republic Vietnam and all Indochina " 1. Restitution - this return in a nature of property wrongfully withdrawed and exported by the struggling state from territory of the opponent. For example, according to the Peace agreement between allied äåðæàâàìè and Italy from February 10, 1947 Italy has undertaken to return " in possible the shortest term the property exported from territory any Incorporated Nations " 2. Object of a restitution can be also returning of the wrongfully seized or wrongfully delayed property in peace time, that is outside of communication(connection) with military actions. A version of a restitution is ñóáñòèòóöèÿ. She(it) represents replacement of the wrongfully destroyed or damaged property, buildings, art values, personal property etc. Ðåïðåññàëèè (unaided) are lawful compulsory actions of one state against other state. Ðåïðåññàëèè are applied by one state in reply to wrongful actions of other state with the purpose of restoration of the infringed right. They should be proportionate to the caused damage and that compulsion. Which is necessary for reception of satisfaction. Ðåïðåññàëèè can be expressed in a complete or partial break of the economic attitudes(relations), railway, marine, air, mail, telegraphic, radio or other messages, and also in break of the diplomatic, trade and economic attitudes(relations), embargo on importation of the goods and raw material from territory of the state - infringer etc. Ðåïðåññàëèè should be terminated on receipt of satisfaction. The modern international law forbids armed ðåïðåññàëèè as a means of the resolution of disputes and разногласий1. In the international law to reimbursement is subject the valid material loss (direct and indirect). The missed profit is not usually reimbursed. It is exclusively(extreme) on the basis of the agreements there is such version of the economic responsibility, as absolute. Or objective, responsibility. The speech in this case goes about the responsibility arising without dependence from fault ïðè÷èíèòåëÿ of damage, that is for damage caused during lawful activity. It is necessary to the affected party to provick only direct ïðè÷èííóþ communication(connection) between action (inactivity) and ущербом1. There is a concept of contractual restriction of the absolute liability on the sum which is being a subject to reimbursement. In the agreement the limiting maximum sum of indemnification which is being a subject to payment to the affected party almost always is underlined. For example, the maximum sum of reimbursement is stipulated under the Convention on reimbursement âðåäà, caused by a foreign air vessel to the third persons on a surface, 1952 " as a result of fall of an air vessel " 2. In these cases the affected party cannot apply for reception of the sum exceeding an established(installed) limit, even if the actual damage exceeds this sum. At the same time the maximum limit is paid not automatically: if the sum of the proved damage is lower than this maximum, the affected party can apply for reception only her(it). The contractual restriction of the responsibility on the sum represents some kind of protectionism in relation to use of engineering being a source of increased danger, but necessary in interests of the people (aircraft, atomic engineering etc.). In this case there is a distribution of burden of the losses arising as a result of damage, between the dissatisfied party and ýêñïëóàòàíòîì of a source of damage. The contractual establishment of the absolute responsibility guarantees reimbursement of damage suffering even in the event that ïðè÷èíèòåëü of damage refers that all his(its) actions were not infringement of the right. The conclusion. The problems of application of the international sanctions are specific, are rather complex(difficult) and ìíîãîãðàííû. The progressive development and êîäèôèêàöèÿ of norms and principles of the responsibility in the international law requires(demands) the analysis and coordination of many questions, each of which should be considered and ó÷ò ё í so that correctly and full to reflect changes in this area of the international law, which have taken place in the last time. The correct reflection of these changes is law of development of the modern international law. The necessity of special research of problems êîäèôèêàöèè both progressive development of norms and principles of ìåæäóíàðîäíî-deterrents of law is dictated by the increased role of the international law as a legal basis of the international attitudes(relations), increase of his(its) efficiency in business of consolidation of the world and safety, in the decision of major problems of a civilization. At the present stage existence of the independent sovereign states the international attitudes(relations) are displayed as ìåæäóíàðîäíî-legal, basing on the legally fixed principles and norms of behaviour of the states. The functions of the international law consist in normative fastening of the rights about the responsibilities of the states arising during their dialogue. The international law should be considered in quality íàäñòðîå÷íîé of a category not above one international economic attitudes(relations), and above the international attitudes(relations) in a broad sense, covering all set of the attitudes(relations) between the states and peoples. Scientifically reasonable use of the ìåæäóíàðîäíî-rules of law and principles enables not only actively to influence the international attitudes(relations), but also largely to direct their course. Into a problem of the international law enters not only establishment of the rules of behaviour of the states in this or that area of their international activity, but also development(manufacture) of norms and principles guaranteeing observance of these rules. One of major and tested ìåæäóíàðîäíî of legal tools in this business is the principle of the international responsibility of the states and other subjects of the international law for infringement of their international obligations, and also for harmful consequences for want of of lawful activity in separate spheres of interstate cooperation. The development of the international law represents integrally interconnected process of an establishment and modernization both rules of behaviour of the states, and norms and principles ensuring their observance, including application of international economic sanctions. However now of this unity is not observed. In development of norms and principles of the international sanctions in the international law the blank was formed. Norms and principles of the ìåæäóíàðîäíî-legal responsibility of the states not êîäèôèöèðîâàíû, though such necessity has ripened already for a long time. To fill in this blank an essential problem of the modern international law. It is possible without exaggeration to tell, that êîäèôèêàöèÿ and the progressive development of norms and principles of application of the sanctions can serve as the important condition hereinafter progressive development of the international law as a whole. To the states is not indifferent, in what direction, by what criteria and in what volume will êîäèôèöèðîâàíû and was progressively be advanced norm and principles of application of the international sanctions. On the correct decision of these questions depends, what influence these norms and the principles will render on ñóäüáû of the world, on the decision of problems of interstate cooperation, on the further progress of mankind.