The principle of equality and self-determination of peoples and the problem of recognition of new state formations

• Main Authors: Yulia Nikolaevna Avdonina, Guzel Firdinatovna Nagumanova
• Format: Article
• Language: English
• Published: Editorial AAR 2020-12-01
• Series: Laplage em Revista
• Subjects: Legal personality; International law; Principles of law; Legal conflicts; Law enforcement practice
• Online Access: https://laplageemrevista.editorialaar.com/index.php/lpg1/article/view/618

The researchers put forward the thesis that in the case of systematic analysis of scientific views inherent in individual scientists, there is an opposition of the principle of equality and self-determination of peoples to the principle of the territorial integrity of states, and at the same time, in law enforcement practice there are various acts that do not meet the signs of uniformity in the interpretation of the principle of equality and self-determination of peoples. All this together leads not so much to a pluralism of opinions, but to the emergence of various kinds of legal conflicts. Additionally, the authors try to pose the problem of recognizing new state formations as subjects of international law, and also propose separate approaches to the processes that make it possible to recognize such states. So, at the end of the paper, the researchers set a vector for the continuation of the discussion, which speaks of giving such powers either the UN Security Council, or the Human Rights Council, or the International Court of Justice, subject to additional procedural requirements.