RIGHT OF NATIONS TO SELF-DETERMINATION PRESENTED MORE PRECISELY IN FUNDAMENTAL RECORD

PanARMENIAN.Net
10.09.2008 17:21 GMT+04:00

/PanARMENIAN.Net/ Both the right of nations to self-determination
and the principle of territorial integrity are subject to political
conjuncture, Andrey Areshev, expert at Strategic Culture Foundation
said in an interview with PanARMENIAN.Net.

"However, the right of nations to self-determination is presented more
precisely in fundamental record. Developing during previous centuries
as a political principle (legitimation of new states, including the
U.S.), after World War II it was included in the list of basic laws
fixed in the UN Regulations. It was further developed in the 1970
Declaration on Principles of International Law," he said.

"The International Covenant on Economic, Social and Cultural Rights
says: 1. All peoples have the right of self-determination. By virtue
of that right they freely determine their political status and freely
pursue their economic, social and cultural development. 2. All
peoples may, for their own ends, freely dispose of their natural
wealth and resources without prejudice to any obligations arising
out of international economic co-operation, based upon the principle
of mutual benefit, and international law. In no case may a people
be deprived of its own means of subsistence. 3. The States Parties
to the present Covenant, including those having responsibility for
the administration of Non-Self-Governing and Trust Territories,
shall promote the realization of the right of self-determination,
and shall respect that right, in conformity with the provisions of
the Charter of the United Nations.

Of course, the principle of territorial integrity is also mentioned but
no document speaks of domination of one principle over the other. The
principle of territorial integrity can’t be exercise in the states
which do not ensure equality of the nations living in it and do not
allow free self-determination of these nations.

The Helsinki Final Act, 1975, says that all of 10 principles are
fundamental, these being: Sovereign equality, respect for the rights
inherent in sovereignty; Refraining from the threat of use of force;
Inviolability of frontiers; Territorial integrity of states; Peaceful
settlement of disputes; Non-intervention in internal affairs;
Respect for human rights and fundamental freedoms, including the
freedom of thought, conscience, religion, or belief; Equal rights
and self-determination of peoples; Co-operation among states; and
Fulfillment in good faith of obligations under international law,"
Areshev reminded.

"Attacking Kuwait in early 1990-ies, Iraq violated the territorial
integrity of a state. As to Karabakh, Abkhazia and Ossetia, here
we deal with expression of will of the nations and actions taken
in compliance with the operating legislation while the military
operations appear as a rebuff of aggression, what is approved by the
UN Regulations," he said.