Hajiyev Jumshud Amir,
Master’s student specializing in “European Law”, Law Faculty, Baku State University
E-mail: [email protected]
Before delving into the international legal cooperation on criminal matters, it is essential to ascertain the substance of international cooperation by employing a deductive approach to the issue. The comprehension of international legal cooperation can be scrutinized in the context of international public law.
- In respect of international law, international cooperation is a fundamental principle in international law, reflecting the recognition that global challenges and issues require collaborative efforts among states to achieve common goals and address shared concerns.
Firstly, it should be noted that the normative framework envisioning cooperation among states is rooted in the establishment of international customary law. The history of cooperation of states is intrinsically linked to the formation of states themselves, as without this, it would be impossible to discuss international relations and their development.
The aforementioned principle is referred to by various names in international legal literature, such as the “principle of cooperation” [10, p.285], or the “principle of states cooperating with each other”. [8, p.41]
While the United Nations (UN) Charter emphasizes principles such as the peaceful resolution of disputes and international cooperation, it does not explicitly use the term “international cooperation” in a specific provision. However, the Charter outlines several key principles and objectives that underscore the importance of international cooperation. Some relevant provisions include:
In accordance with Article 1, Paragraph 3 of the Charter, the implementation of international cooperation in solving economic, social, cultural, and humanitarian international problems is established as a duty upon states. Furthermore, in accordance with Article 1, Paragraph 1 of the Charter, the task of implementing “collective measures for the maintenance of international peace and security” is assigned.
The international law principle of state cooperation find their expression in two additional articles of the UN Charter. Specifically, Articles 55 and 56 of the Charter are dedicated to the collaboration of states in the social, economic, and cultural fields. Article 56 of the UN Charter outlines two types of international cooperation for UN members: achieving the purposes set forth in the Charter and collaborating with the UN itself to fulfill its obligations in the field of international cooperation. [14]