XIII Международная студенческая научная конференция Студенческий научный форум - 2021

SUMMARY

The struggle for supremacy on the world stage is a long-standing problem of international law, but the superiority of some is impossible without the legal restrictions of others. And the effective means of combating this problem is the principle of equality and self-determination. And if in the XX century, when liberating from colonial dependence, this principle was applied quite clearly and clearly, now there is a lot of debate around the realization of the right to self-determination. It is still problematic to determine the criteria for the recognition of new states and the exact range of subjects holding this right, that is, to understand who can exercise this right and what is the exact mechanism for implementation. Therefore, this article identifies the problems faced by states in the implementation of this right and suggests possible development paths.

Key words: Self-determination, equality, nation, nationality, ethnos, state, decolonization, national isolation, discrimination, secession, territorial integrity, ethnic conflict.

In various periods of historical development, the principle of self-determination acquired a different meaning. Several stages can be distinguished: 1) this principle is born out in the ideas of the American Declaration of Independence of 1776 and the French Constitution of 1791, and is perceived as a natural right of every nation; 2) after the First World War, this principle begins to turn into one of the most important international rights of peoples, requiring normative consolidation. These ideas were defended by US President Woodrow Wilson in his “14 points”; 3) after the Second World War and until the end of the 20th century, this principle is considered exclusively in the context of the struggle against colonialism. Kharchenko M.P. notes that in 1945, about 750 million people (one third of the world's population) were in “forced labor”. This situation prompted the adoption in 1960 of the Declaration on the Granting of Independence to Colonial Countries and Peoples, which officially confirmed the principle of self-determination for the entire world community. 4) the present, when there are practically no states that are in colonial dependence, but there are still many unresolved issues on the world stage related to the desire of peoples to self-determine and create independent states.

To remain relevant, this principle requires a modern rethink. For example, B. S. Ebzeyev believes that the approach to self-determination set out in the 1960 Declaration takes into account only "territorial forms of self-determination". Initially, the goal of self-determination was to gain political and territorial independence, and culture was not mentioned. "But after the collapse of the colonial system, the principle of self-determination became national rather than state, culture and identity came to the fore." Now it is more important for Nations to define their historical identity and cultural identity, to preserve their spiritual heritage.

The international legal acts devoted to self-determination reveal the meaning of this principle quite fully. But it should be noted that all these acts were adopted in the XX century and at the moment many of their provisions are outdated or incomplete. Recalling such situations as the referendum on the accession of Crimea to the Russian Federation in 2014, the referendum on the withdrawal of Scotland from the United Kingdom, the conflict between Nagorno-Karabakh and Azerbaijan in 2016, we see that they cause acute disputes and need a more detailed settlement. But no new regulatory framework was adopted in the XXI century. We believe that this is due to the fact that the international community does not yet have a competent authority to codify and create a single relevant act.

Many disputes arise between States because of a lack of understanding of who owns the principle of self-determination. ". According to I. D. Kasumova, the concept of "nation" is purely political and it is inseparable from the state. A. G. Dugin agrees with her, who believes that the nation is based not on ethnicity, but on the interests of territorial, economic and political character. Then the people are a spiritual community, with a common language, history, traditions. In English, the word nation-means both the people and the nation. However, Professor S. A. Egorov forbids to confuse the self-determination of the people and the self-determination of the nation. In his view, a people is a broader concept than a nation: several Nations speaking different languages and living in different countries can form one people if they have a common culture and are aware of their unity. Comparing the concepts, we come to the conclusion that the rightful owners of the right to self-determination are both peoples and Nations. And we consider it necessary to draw the attention of the world community to this.

With the collapse of the colonial world, conflicts and contradictions on the basis of self-determination have only become more serious. Some States prevent others from exercising their right to preserve their territories (South Sudan 1983 and East Timor 1975-2002); others, on the contrary, seek to secede without having any right to do so, thereby violating the territorial integrity of their state (Kosovo 2008); and others, without understanding the way of their development, still exist in an uncertain status (South Ossetia 2015). In order to avoid misunderstandings and contradictions, States need to create international platforms to discuss the legality and appropriateness of the application of the principle of self-determination by one or another people in each individual case.

In General, on this issue, we propose the following:

1. Since the scientific doctrine is noticeably behind and does not offer an actual mechanism for the realization of the right to self-determination, it is necessary to regulate the gaps. It is necessary to create such regulations which would forbid "arbitrary interpretation" of the principle, would fix the concrete mechanism of implementation of this principle, would accurately define the subject and ways of expression of its will.

2. To reiterate to States that the implementation of the principle of Nations and nationalities should be guided by international regulations, and States should not in any way interfere with this.

3. Create a single international body under the auspices of the UN to resolve differences between the nation and the state;

4. To organize international platforms for dialogue between States on the recognition of a" self-determined " entity;

5. Establish a competent authority to codify the entire regulatory framework. The competent authority should create an act that would develop and specify the existing rules, as well as create new ones relating to all kinds of conditions when peoples can self-determination and how they can accurately exercise their right.

In our view, the use by the international community of all proposals will lead to a uniform interpretation of self-determination and reduce international tensions.

Bibliography

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