  gyuldzhyan-gg-vestnik-2022-2-ru.pdf |
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- On legal gaps in the international law related to the realisation of the right of peoples to self-determination
- Gyuldzhyan G.G. On legal gaps in the international law related to the realisation of the right of peoples to self-determination. Vestnik of Kostroma State University, 2022, vol. 28, № 2, pp. 267–272 (In Russ.) https://doi.org/10.34216/1998-0817-2022-28-2-267-272
- DOI: https://doi.org/10.34216/1998-0817-2022-28-2-267-272
- УДК: 431.9
- EDN: IFPYWG
- Publish date: 2022-05-12
- Annotation: The article is devoted to the main gaps in international law, impeding the realisation of the right to self-determination. The current stage of development of international relations entails the need to search for new approaches to resolving conflict situations and to improve existing legal mechanisms, including those related to the realisation of the right of peoples to self-determination. The author analyses the categories of subjects of the right in the issue and the forms of its implementation envisaged for each of them. Special attention in this article is paid to the international law concerning the relationship between the principle of territorial integrity and the right of peoples to self-determination. On basis of conducted analysis the author also formulates the thesis under which the principle of territorial integrity cannot be considered applicable to states that pursue a discriminatory policy against certain peoples living on their territory (primacy of the principle of equal rights and self-determination of peoples in cases where discriminatory policy is conducted against them). Further the author identifies related problems of realisation of the right to self-determination and comes to the conclusion that it is necessary to legally define such subjects at the international level through the adoption of a comprehensive international legal act on the right to self-determination.
- Keywords: peoples’ equal rights & self-determination principle, international law principles, right to self-determination, international law, nation, people, indigenous peoples, minorities.
- Literature list: Crawford J. Brownlie’s Principles of Public International Law, 9th edition, Oxford, 2019, 873 p. Evans M.D. International Law, 5th edition. Oxford, 2018, 896 p. Hernández G. International Law. Oxford, 2019, 664 p. Kaczorowska-Ireland A. Public International Law, 5th edition. Routledge, 2015, 922 p. Klabbers J. International Law, 2nd edition. Cambridge, 2017, 398 p. Orakhelashvili A. Akehurst’s Modern Introduction to International Law, 8th edition. Routledge, 2018, 622 p. Shaw M.N. International Law, 8th edition. Cambridge, 2017, 1542 p. Tunkin G.I. Theory of International Law. Harper Collins, 1975, 497 p.