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Study On The Legal Regime Of The Collective Security Treaty Organization

Posted on:2024-08-04Degree:DoctorType:Dissertation
Country:ChinaCandidate:X T YangFull Text:PDF
GTID:1526306920965639Subject:International Law and Regional Governance
Abstract/Summary:
With the Internet environment adding to the transnational nature of many security threats and challenges,it is necessary for the international community to take collective measures to combat or even eliminate them.The ability of any state to ensure national security on its own appears to be rather limited,and therefore international cooperation is becoming increasingly important,with regional organisations playing an increasing role in collective security.The global collective security system responds to the emergence of new threats by expanding the powers of regional pan-political and collective security organisations.Regional organisations have a clearer scope of responsibility and are able to respond more quickly and effectively to specific breaches,threats to peace and security.Similarly,regional organisations are simultaneously more effectively exposed to a variety of security risks and are more useful in resolving differences as quickly as possible.This article analyses the regional role of the CSTO on the basis of an explanation of the international legal sources of collective security,goes on to analyse the legal nature of the collective measures taken by the CSTO as a regional security organisation on the basis of legal issues,followed by a clarification of the legal status of the internal law of the CSTO and its institutions,in order to justify and legitimise the specific measures taken by the CSTO,and concludes with a comprehensive This chapter presents a comprehensive overview of the legal aspects of international cooperation in the CSTO,with a view to clarifying specific issues and presenting a panoramic view of the important role of the CSTO in regional security.The first chapter provides an overview of the origins of the concept of collective security in international law.The term collective security was introduced into the discipline of international relations in the 1930s,particularly by the Soviet Union and France,who sought to establish a collective security system designed to deter aggression,particularly from Germany.The main ideas of collective security in wartime were put forward by the Soviet and French authorities until the end of the Second World War,when the victorious powers established a universal system of collective security following the ratification of the United Nations Charter.Regional security organisations pursue the same objective as the universal collective security mechanism:the maintenance of international peace and security.However,their scope of action is limited in relation to the universal collective security system.Building on Chapter 1,Chapter 2 provides an in-depth analysis of the important role of regional security organisations,represented by the Collective Security Treaty Organisation(CSTO),and the effective mechanisms by which they function.In the twenty-first century,the concept of "collective security" has acquired a broader meaning.In his 2005 report "In larger freedom:towards development,security and human rights for all",the Secretary-General of the United Nations affirmed the importance of a comprehensive concept of collective security that encompasses both new and old threats,takes into account the security interests of all States,and recognises the importance of collective security to the threats faced by every region of the world.The importance of the threats faced by each region of the world.In the current international situation,therefore,regional collective security organisations are playing an increasing role in the maintenance of peace and security.Regional collective security organisations bridge the gap between the traditional definition of security and the broader concept of security,which covers trade and economic cooperation,the fight against organised crime,the fight against terrorism,separatism,extremism,environmental protection and the protection of human rights.By promoting a more integrated process of security organisations,regional organisations help to prevent conflicts and crises,build confidence and ensure regional stability,ultimately giving their members greater security and dynamism,as well as strengthening a universal collective security system.At present,the main regional collective security organisations are:the League of Arab States,the Organisation of African Unity,the Organisation of American States,the North Atlantic Treaty Organisation,the Organisation for Security and Cooperation in Europe,the Commonwealth of Independent States,the Shanghai Cooperation Organisation and the Collective Security Treaty Organisation.This article focuses on the legal aspects of the Collective Security Treaty Organisation(CSTO),which is primarily concerned with security issues in the post-Soviet space.Since the signing of the CSTO,Russia has played a key role in ensuring the security of CSTO member states in response to external challenges and threats.The third chapter shifts the perspective from macro to micro analysis and implements the issue of the legal attributes of collective measures taken by the CSTO in the face of security threats.The collapse of the Soviet Union in 1991 had a huge impact on the military-political situation in the entire Eurasian space and was the most significant geopolitical event of the twentieth century,which led to a fundamental change in the balance of power on the international scene and the cessation of the Warsaw Pact countries’ cooperation in the area of joint responses to challenges and threats.At the same time,NATO,a rival to the former Soviet Union,ushered in a period of full expansion of its own.On 15 May 1992,the CSTO was signed and subsequently transformed into a full-fledged international organisation,with the adoption of the CSTO Charter and the CSTO Legal Status Agreement in Chisinau in 2002.Chapter 4 builds on Chapter 3 and provides a comprehensive retrospective analysis of the internal legal issues of the CSTO and the legal status of its institutions.The essence and content of the CSTO’s activities are reflected in two fundamental documents,the CSTO Charter and the CSTO Legal Status Agreement,which define the objectives of the CSTO’s activities as strengthening peace,international and regional security and stability and protecting the sovereignty,independence and territorial integrity of its member States on a collective basis.CSTO members coordinate their efforts to combat international terrorism and extremism,the illicit trafficking of narcotic drugs and psychotropic substances and weapons,organized transnational crime and illegal migration and other threats to the security of member States.The States parties to the CSTO set the main directions for the establishment of a collective security system in the region,enabling the newly established regional collective security system to create protection mechanisms to deal with potential challenges and threats.Chapter 5 brings the study back to the practical level of international law,focusing on the legal aspects of the CSTO model legislation,counter-terrorism activities and international cooperation,mainly covering the role and shortcomings of the model legislation within the framework of the CSTO,the importance of the organisation in the field of counter-terrorism in Central Asia,as well as the relationship between the CSTO and global collective security,the CSTO and Shanghai Cooperation with the Shanghai Cooperation Organization,the areas and mechanisms of cooperation with the OSCE,and the interrelationship with the North Atlantic Treaty Organization.The significance and role of the CSTO in the international security architecture stems from the fact that the geopolitical status of its member states defines the three CSTO zones of responsibility(Eastern Europe,the Caucasus and Central Asia),where the countries concerned are constantly confronted with threats of terrorism,extremism,illicit drug trafficking,transnational organised crime,etc.Improving the CSTO’s institutional and functional response to these threats is one of the main tasks of its member states.Ensuring security at the regional level is an integral part of the process of implementing global(universal)security and is carried out within its framework.Moreover,in the CSTO,the importance of its collective work in ensuring security is expressed not only in the coordination of the concerted positions and actions of its member states,but also in its interaction with other international organisations-the United Nations,the Organisation for Security and Cooperation in Europe,the Shanghai Cooperation Organisation,etc.On this basis,this article examines the CSTO as an organisation operating within the framework of international law and the global collective security system.
Keywords/Search Tags:Russia, CSTO, collectivesecurity, international organisations, regional organisations
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