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  • Correlation of the Principles of State Integrity and the Right of Peoples to Self-determination: Theory, Legal Regulation, Practice

Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Mikhail Nikulin
Correlation of the Principles of State Integrity and the Right of Peoples to Self-determination: Theory, Legal Regulation, Practice
Public Law
(Master’s programme)
9
2018
In connection with the growing activity of separatist movements around the world, the issue of the correlation of the principles of territorial integrity and the right of peoples to self-determination, the limit of the operation of each of the principles, and also the legal regulation of the issue of secession becomes relevant. The purpose of this work is to promote scientific and legal thought in the sphere of determining the correlation of these principles in the contemporary realities of international and constitutional legal regulation. To achieve this goal, a number of tasks are carried out in the work, including defining and revealing the signs of these principles; analyzing the regulatory framework and the practice of the courts on the relationship of these principles; studying the cases of successful and unsuccessful secessions; studying scientific works on this problem.

The subject of this study was the norms of international law, the practice of international organizations, the provisions of constitutions and national legislation of various countries of the world, as well as the decisions of constitutional and supreme courts on this issue.

The methodological basis of the research was made up of such general methods of investigation as historical, logical, systemic, typological, formal-legal and comparative-legal.

Based on the results of the work, there were studied legal and scientific definitions of the mentioned principles, their criteria; concepts associated with these principles (the concept of "people", "secession", "safety clause"), as well as the position of the international community on two cases of secession: Crimea and Kosovo. The analysis of the practice of resolving the conflict of these principles was also carried out. As a result, actions and procedures were identified and formulated that legitimize secession both from the point of view of the state itself, from which its part is separated, and the international community.

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