Соотношение принципа uti possidetis и права народов на самоопределение в международном праве

Abstract

Correlation of the principles of uti possidetis and self-determination in International Law This paper researches the contemporary problems of correlation between two principles of international law, the peoples’ right to self-determination and the principle of uti possidetis. The author pays a special attention to theoretical views of the Russian and Western schools of international law, as well as a contemporary state practice. The paper also analyses the international case law and practice of international organisations with respect to the correlation of these two principles. The main methods applied by the author for the research purposes are historical, legal analysis and comparative methods. It is concluded by the author that under international law, the peoples’ right to self-determination and the principle of uti possidetis have common points of cooperation as well as collision. Whereas, in the author’s opinion, in most of cases the principle of uti possidetis serves for protection of the territorial integrity of sovereign states by limiting the exercise of the right to external self-determination (secession).