The elements of the principle of territorial integrity of States in the works of some representatives of the domestic science of international law XIX – early XX centuries
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
This article is devoted to analysis of the teachings of some domestic international lawyers of the XIX – early XX centuries on the legal problems of the territory. The principle of territorial integrity of states is one of the basic principles of international law and an important instrument for maintaining the stability of the existing international order, which is based primarily on the provisions of the UN Charter 1945 and other universally recognized principles and norms of international law. The beginning of the formation of this principle is often associated with late XVIII-early nineteenth century, namely the French Revolution 1789-1799. In the domestic international legal doctrine of XIX century, as well as in western, couldn’t be expanded disclosure of the legal content of the principle of territorial integrity of states, because it only started to take shape in positive international law, but the works of Ukrainian international lawyers of this period contains many interesting ideas about territorial integrity of states. Thus, theoretical work of well-known representatives of Kharkiv school of international law such as A.N. Stoianov, V.P. Danevskii, V.A. Ulіanitskii contained the elements of the principle of territorial integrity of states, which began to take shape in positive international law since the French Revolution, 1789-1799 years and has been developed in the Charter of the League of Nations 1919, the UN Charter 1945, the Declaration on principles of international law concerning friendly relations and cooperation among states in accordance with the UN Charter 1970, and the Final act of the Conference on Security and Cooperation in Europe 1975, where it is regarded as an separate principle of international law. In article it is shown, that in the works of such international lawyers as A.N. Stoianov, V.P. Danevskii, V.A. Ulіanitskii expressed progressive for its time considerations regarding the indivisibility and inalienability of the territory of the state and the need for a mandatory plebiscite in the transition of part of the territory of one state to another.
Authors and Affiliations
Kostiantyn Savchuk
Keywords
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