1 INTERNATIONAL ORGANIZATIONS AS A TOOL FOR MAINTAINING REGIONAL SECURITY.. 5
1.2 Types of international organizations and their activities in maintaining regional security 9
1. Stages of SCO development: interaction with the countries of the European Union and the United States 12
2 ANALYSIS OF THE SCO'S ROLE IN ENSURING REGIONAL SECURITY.. 22
2.1 SCO in ensuring security in Central Asia. 22
2.2 Situational analysis of socio-economic cooperation of the SCO countries. Potential and prospects of the SCO development 29
2.3 Potential and prospects for the development of the organization: situation analysis. 36
3 KAZAKHSTAN'S ROLE IN ENSURING PEACE AND REGIONAL SECURITY IN CENTRAL ASIA WITHIN THE SCO.. 40
3.1 Kazakhstan and the SCO: interaction factors 40
3.2 The Republic of Kazakhstan and the CIS: status, problems and prospects of bilateral cooperation in the field of security. 49
The Shanghai cooperation organization (hereinafter referred to as the SCO), at the present stage of development, has great opportunities. Not so long ago, it could only be described as an international organization that deals with border issues and issues of disarmament of member countries. The development of the SCO has led to the fact that relations between the countries of Central Asia have acquired not only deep diplomatic ties and economic partnership, but also interaction on security issues in the region.
After the end of the cold war and the collapse of the Soviet Union, new developing States appeared on the international scene and issues of border and national security became more urgent than usual. In this regard, international organizations are gaining popularity. The SCO, as a young international organization, shows progress in diplomatic relations of the XXI century.
Significance of the study the international legal aspects of the status and activities of the SCO is determined by the increasing role of international organizations in international relations from the mid twentieth to the early twenty-first century. An impartial basis for this is considered to be the growing interconnection of countries, the strengthening of regional integration actions, when the solution of numerous issues that have a common and cross-border focus is possible only through collective efforts through multilateral mechanisms.
By its potential, the SCO belongs to the largest regional organizations of countries: the total area of the SCO member countries-Kazakhstan, China, Kyrgyzstan, Russia, Tajikistan, Uzbekistan, India and Pakistan is more than half the area of Eurasia, the population is more than 1.5 billion people, the total coefficient (GDP) of the SCO member countries exceeds 1.5 trillion dollars.
1 INTERNATIONAL ORGANIZATIONS AS A TOOL FOR MAINTAINING REGIONAL SECURITY
1.1 Theoretical aspects of regional security
International security is a complex concept that has a historical aspect. On the development of social awareness of views about the ways and means of providing international security, military-political and legal content of the definition, the nature of the relationship between national and international security, and in addition to proper rulemaking and enforcement actions of both countries in different epochs of human history seriously influenced by the rethinking of the concepts of war and peace in international relations – the relation between law and power.
The first peace conference in the Hague, in 1899, played an important role in the issue of war and peace. Initially, the conference was held to address the issue of disarmament and limiting the arms race .
However, this conference did not achieve its original goals, but was an excellent attempt to solve the problem through multilateral diplomacy. The first issue at this conference was related to the issue of international security.
The first international security organization was the League of Nations, formed in 1919. The creation of this Association has served as a significant change in the modern arena of international relations. Countries have a chance to replace military-political blocs with a system of collective security. The position of the League of Nations stipulated that member countries were forbidden to resort to such a means of conducting foreign policy as war, and was designated to resort to it only as a last resort. In accordance with article twelve of the Statute, the members of the League agreed that "if there is a conflict between them that could provoke a break in relations, they will use the arbitration court or submit to the consideration of the Council. They refuse to go to war for three months after the decision of the arbitrators or the report of the Council."
Soon, a significant development of the League of Nations was the signing in 1928 of the Paris agreement on the renunciation of war as a state policy. In their opinion, the solution of international conflicts should be peaceful.
In 1933, at the initiative of the Soviet Union and a number of countries, two identical conventions on the definition of aggression were signed. The Convention has identified key elements of aggression that cannot be justified. At the military court in Nuremberg, the us Prosecutor referred to these documents, considering them to be the most authoritative sources of international law.
1.2 Types of international organizations and their activities in maintaining regional security
Today, international organizations play an important role in the world. Since the 19th century, international communication in the world has prompted the need to create a new partnership. Progress in the development of international relations was the organization of the first international universal institutions - the universal Telegraph Union in 1865 and the universal postal Union in 1874. Today, there are more than four thousand international organizations with a diverse legal status. .
International organizations are continuously functioning unions of two or more countries created on the basis of an international agreement that grants these associations, rights and obligations in certain areas of international partnership.
It should be noted that the term "international organizations" can be used both for interstate (intergovernmental) organizations and non-governmental organizations .
International intergovernmental organizations (IMOS) are unions of countries with the purpose of solving common tasks and functioning in the common interests of member countries while respecting their sovereignty. These international associations should not be compared with independent countries. They are subjects of international law. Their emergence and elimination depend on the will of the countries forming them, which are formulated in the constituent act; it also sets out the rights and direct duties of an international organization. Officially appointed representatives and delegations participate in the work of all bodies of international and intergovernmental institutions. .
There are special organizations that work together in one special area (for example, the universal postal Union) and have every chance to be divided into political, economic, social, spiritual, religious, scientific, etc.
International non-governmental organizations (INGOs) is an international institution founded on the basis of legal and (or) physical persons. Currently, there are more than 8 thousand international non-governmental organizations, such as the international Committee of the Red Cross (ICRC) and the international criminal law Association (ICLA).
2 ANALYSIS OF THE SCO'S ROLE IN ENSURING REGIONAL SECURITY
2.1 SCO in ensuring security in Central Asia
The collapse of the USSR and the formation of new independent state entities in Eurasia were the circumstances that destabilized the concept of global and regional relations. After all the historical events, new conflicts and security threats have occurred in the region. Three forces: terrorism, extremism and separatism seriously threaten the security and stability of all States .
The activities of terrorism and the distribution of drugs required immediate intervention. The SCO made an attempt to stabilize the region. The organization has established its core values for maintaining security by first addressing the issue of fighting terrorism, extremism and separatism.
The region has not only created the SCO's three forces of evil, but also the problems of drug trafficking, weapons and transnational crime, environmental problems, and socio-economic education. The SCO will determine how effectively it can solve these problems. .
SCO in the fight against three forces of Evil.
In the ten years since the founding of the Shanghai five and the SCO, we have achieved great success in the field of security.
Thus, the SCO has formed a number of elements and facilities that are able to regulate security measures in the region. The organization began to develop within the framework of the law. First, the Convention on combating terrorism, separatism and extremism was signed, aimed at forming practical interaction between law enforcement agencies and special services in the fight against these issues, and other agreements were signed .
Later, the "Agreement between the SCO member States on the Regional anti-terrorist structure" was signed .
Having been formed, rats has made every effort to fulfill the tasks of fighting terrorism and extremism. Thus, according to the head of the Executive Committee of the SCO Council, Vyacheslav Kasimov, at the end of an important previous meeting of the RATS on April 4, 2006, during the life of the structure, it was possible to combine efforts to find at least 15 leaders of terrorist organizations, 250 attacks were prevented in six regions of the state. Within the framework of the common database on terrorism, a common "list of persons declared for search at the international level for crimes in the terrorist, separatist and extremist spheres" was created .
2.2 Situational analysis of socio-economic cooperation of the SCO countries. Potential and prospects of the SCO development
Despite the fact that the SCO was initially formed for the purpose of collective protection of the borders of neighboring countries, almost immediately its activities acquired an economic focus. A few months after the start of the SCO's activities, at their first meeting in Almaty, the Prime Ministers of the member States of the Shanghai cooperation organization discussed issues of regional trade and economic partnership, SCO development and other issues, signed a Memorandum between the governments of the SCO member States on the key goals and directions of regional economic partnership and the launch of a process to create favorable conditions for trade and investment.
The following year, the first meeting of the Ministers of economy and trade of the SCO member States was held in Shanghai. The parties have officially launched a system for holding meetings of Ministers of economy and trade and creating favorable conditions for trade and investment. According to the results of the meeting, a Protocol was signed to the Memorandum between the governments of the SCO member States on the key goals and directions of regional economic partnership and the launch of the process to create suitable conditions for trade and investment, and a joint statement on the results of the first meeting of Ministers responsible for foreign economic and trade work .
In September 2003, the heads of government of the SCO member States signed the program of multilateral trade and economic partnership for 20 years. The long-term goal is to create a free trade area in the SCO, and in the short term - to increase the flow of goods in the region. Joint work should include energy, transport, agriculture, telecommunications, environmental protection, etc. The partnership action plan was signed a year later, in September 2004.
2.3 Potential and prospects for the development of the organization: situation analysis
The Shanghai cooperation organization strives for universality of its operations by performing various tasks, but so far, in addition to the field of counter-terrorism, it has not formed any legislative or institutional mechanisms for their implementation. In addition, the desire to fulfill numerous problems and solve various difficulties can lead to a loss of productivity or the entire organization, or to the disproportionate formation of partnership projects, the dominance of any nuance. There are already attempts to give the SCO a significant economic focus. For example, specialists at the conference "Problems of economic and financial cooperation within the framework of the SCO" showed determination in the priority of economic issues. Recently, the desire to renounce the "power profile" and not the military component has led to more frequent notification of the SCO's financial tasks. Moreover, if the economic component dominates, it will threaten to distribute the interests of participants in the distribution of the budget .
The economic component of the work is increasingly gaining documentary, institutional and practical features. Recently, a Business Council and an Interbank Association have been established, and appropriate projects and agreements have been signed. 120 financial projects have been developed in 11 partnership areas. China has allocated 900 million rubles. in total, $ 2 billion worth of agreements were signed. Given the fact that the budget of the Executive Committee of the rats is $ 1, 33 million, the advantage of the SCO's anti-terrorist work does not look like this, of course. There are no plans related to security, incident prevention (despite the fact that such a possibility was shown at the anniversary summit in Shanghai), humanitarian aspects of the fight against drug addiction, as there are no projects for the prevention, disclosure and treatment of HIV infections and infected people, especially in drug - trafficking settlements. Solutions to these difficulties remain within the framework of declarations.
3 KAZAKHSTAN'S ROLE IN ENSURING PEACE AND REGIONAL SECURITY IN CENTRAL ASIA WITHIN THE SCO
3.1 Kazakhstan and the SCO: interaction factors
The Shanghai Cooperation Organization has established itself in the Central Asian region as a dialogue platform between the CAR countries, China and Russia on foreign policy issues. Having appeared on the political scene, the SCO has passed all stages of formation. The participating countries have managed to come to a common agreement on the legal basis of the organization and are now working in a spirit of partnership and cooperation.
Regional security and stability in the light of recent political events are paramount for the SCO. The fight against the three evils requires only a joint solution and a common response. These issues are more relevant than ever in the modern world and thus indicate areas for action. With a well-developed regulatory framework in place, the SCO has achieved notable and significant results in its activities. The organization, despite the various goals of the countries, has managed to create a safe space for the progressive development of interaction in the fields of economy, politics and the armed forces, which undoubtedly testifies to the productivity of its work.
But the world is not standing still, security risks are being modernized, and new challenges are being thrown at the Organization. Therefore, the SCO, in order not to be outsiders, must be aware of all the latest security developments in the region and in the world, analyze, study and forecast new phenomena and trends in the world, and be able to quickly respond to all new challenges. Only in the conditions of continuous growth of competencies can we talk about competitiveness among the same organizations as, for example, the CSTO, CICA. The potential of the SCO and its influence on other countries will grow only when working towards a joint result.
So, the formation of the SCO was influenced in 1996-2001 by the joint work of the so-called "Shanghai five" countries, which included China, Russia, Kazakhstan, Kyrgyzstan and Tajikistan. The SCO functionalized as an intergovernmental regional organization.
3.2 The Republic of Kazakhstan and the CIS: status, problems and prospects of bilateral cooperation in the field of security
According to the Charter of the CIS adopted in 1993, the Commonwealth countries had the opportunity to form a collective security force to ensure the national security of States, this became possible in the CSTO format. In the second Chapter we have considered the mechanisms of direct cooperation, the present section will focus on the bilateral format of cooperation of Kazakhstan with the CIS countries, determine the current status and experience of countering threats in each of them.
The main feature of cooperation between the CIS countries is the convergence of the main legislative acts in the field of defense and security, where the approval of Model laws is fundamental.
For example, the Interparliamentary Committee of the Republics of Belarus, Kazakhstan, the Russian Federation, Tajikistan and the Kyrgyz Republic adopted the Model law "on security" in 1999, which regulates security issues and is the basis for the adoption of national legislative acts in the field of security.
This legislative act defines the main categories and definitions:
– "state security" – the state of protection of the country's interests from real and potential threats;
- "external security" – the state of protection of the state's interests from threats from foreign States, organizations and citizens;
- "military security" – the state of protection of the state from real and potential threats and encroachments of a military nature on the independence and territorial integrity of the country;
- "interests of the state" – a set of political, economic, social and other needs of the state, on the implementation of which depends the ability of the state to protect the constitutional rights of man and citizen, the values of society, and the fundamental state institutions;
- "information security" – the state of protection of state information resources, as well as individual rights and public interests in the information sphere;
"the concept of national security" – the direction in state-building, reflecting the aggregate of officially accepted views on the goals and state strategy in ensuring the security of individuals, society and state from external and internal threats of a political, economic, social, military, technical, ecological, information and other character with account of available resources and opportunities;
The SCO's anti-terrorist orientation clearly prevails in ensuring security. You can see the exact elaboration of this type of struggle in comparison with other security nuances. For the formation of other currents, it is clearly necessary to form special stable organs on the model of rats. In today's version, the rats demonstrates a convincing struggle and its coordination among member countries. The organizational, structural and legal basis for this fight against the "three forces of evil" has been developed. Practical joint work has been established between special departments and ministries, as well as international organizations.
Other security partnership trends are not well developed or not developed at all. Joint work in the fight against drug trafficking is better formed than others. again, there is a lack of a stable structure - an anti-Drug Center that would take over the implementation of established tasks and coordinate the operations of special services, the development of special plans.
Non-priority security issues remain only on paper, and no practical steps are being taken. The goal of making the SCO universal is only to fight the three forces of evil and work together economically. There is no real universality of the SCO in fulfilling the vast problems and goals that are spelled out in its main documents.
Therefore, to implement the problem of universality of the organization, you need to do the following:
1) to strengthen independent work in the fight against the spread and production of drugs, as soon as possible to form a stable structure for the fight against drugs with the main office in the transit region. To develop special plans for the fight against drugs, to contribute to biological research with the goal of eradication of narcotic plants. The SCO should also improve its educational work to combat drug addiction;
2) improve joint work with other international structures (UN, OSCE), primarily in the fight against "non-priority" threats: the spread of infectious diseases, human trafficking, environmental issues and water resources distribution, nuclear non-proliferation, and others. Consolidate with the CSTO in the fight against drug trafficking;
3) strengthen the work within the framework of the Afghanistan - SCO coordination Council, include the United States of America in the interaction, which will make it possible to resolve the impossibility of accepting the United States as an observer of the organization and the issue of the SCO's anti-Western orientation;
4) within the framework of the global goals and problems of the SCO, projects on "non-priority" security challenges should be formed and implemented. In order to implement these problems it will be important to form stable structures in the future using the example of a RTS with valid powers;