The right of peoples to self-determination: legal nature, content, problems of implementation

Laytman V. I.

The article examines the nature and content of the right of peoples to self-determination as a universally recognized principle of modern international law, and analyzes the problems of its implementation. The relevance of the chosen topic is due to the fact that the doctrine has not developed a uniform approach to understanding the essence of this right, the definition of its subject. In the absence of legislatively fixed terms “people”, “nation”, “self-determination”, scientists declare different points of view on these concepts, which differ from each other and do not have a generally accepted beginning. It is concluded that the subject of the right to self-determination is the people, compactly living in a certain territory, to which the state must ensure equality and self-determination. It is emphasized that the process of realization by peoples of the right to self-determination is associated with a number of existing problems. One of them is the opposition of the right of peoples to self-determination to the principle of territorial integrity. Such opposition is unacceptable. These principles not only do not contradict each other, but must be in a certain harmony. Attention is drawn to the need for normative consolidation in international law of the terminological apparatus, forms of self-determination, mechanisms and procedures, as well as conditions, criteria and requirements for recognizing them as legal. It seems that the adoption of a universal international legal act regulating the process of realization by peoples of the right to self-determination would contribute to the solution of these issues.

Keywords:right to self-determination, people, nation, national minority, autonomy, sovereign state, territorial integrity, implementation.