THE CONTENTS AND FEATURES OF THE MECHANISM FOR IMPLEMENTING THE PRINCIPLE OF SELF-DETERMITATION IN THE CONTEX OF THE STRUGGLE OF THE NATION FOR INDEPENDENCE
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article defines the essence of the principle of self-determination of nations for the historic age of decolonization and the development of modern international law up to the present day. The analysis of the content of the principle of self-determination of peoples and mechanisms of its optimal use is carried out. The main four conditions of its realization are considered, the issue of the correlation of the principle of self-determination of the people with other internationally legal principles enshrined in numerous international legal acts, especially with the principle of territorial integrity, is explored because these are two mutually exclusive, competing principles. The history of the origin and development of the principle of self-determination of peoples, from the causes of the birth of a national idea of self-determination in the times of the French Revolution and ending with legal formulation in the fundamental international instruments such as the UN Charter (Clause 2, Article 1), the Covenant on Economic, Social and Cultural Rights , declarations of the General Assembly of the United Nations. Identified the fundamental scientific works written by such prominent scholars as E. Smith, J. Herder, J. Fikhte, E. Renan and who laid the foundation for the development of the principle of self-determination of nations. The moment of the first sounding of the term "self-determination of nations" was established in 1878 at the Berlin Congress. The list of cases of implementation of the principle of self-determination of nations in the practice of Iraqi Kurdistan, Kosovo and Catalonia is considered. The main elements of this principle are revealed, namely internal and external self-determination, which is enshrined in the Declaration on Principles of International Law and an analysis of the gaps in the legal regulation of issues related to the realization of the right to self-determination. The significance of this principle is determined both for individual states and for the European community as a whole.
Authors and Affiliations
В. В. Ніколаєнко
Keywords
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