INTERNATIONAL RIGHTS OF NATIONS AND PEOPLES FIGHTING FOR INDEPENDENCE

ABSTRACT

The article compares status of the legal personality of nations and peoples fighting for independence and states as the primary subjects of international law and  draws attention to the differences in the international legal personality of nations and peoples. The author concludes that the legal personality of nations and peoples is limited and can be realized only in connection with their national self-determination.

Keywords: self-determination, sovereignty, legal personality in international law, legal personality of nations and peoples.

In international legal documents the concept of "nation" is used on a par with the concept of "people", although they have several different meanings. Unlike a nation people may include individuals regardless of their nationality and ethnicity. To become a direct participant of international legal relations subjects of international law must have international legal personality. Lack of international legal personality does not allow subject of international law to become a participant in specific international legal relations.

In nowadays international law there is no legal definition of international legal personality. There are different opinions among jurists on this issue. Astrid Kjeldgaard-Pedersen notes that “In the most general terms international legal personality can be defined as an ability of a person to be a subject of international law. International legal personality forms fundamental rights and duties of a subject of international law” [2].

Official legal personality of nations and peoples fighting for independence was recognized by the UN Charter in 1945. UN Chapter was the first document where nations and peoples figured as subjects of international law, it was fixed in one of its principles [3]. This principle was developed in subsequent UN documents such as «Declaration on the Granting of Independence to Colonial Countries and Peoples» (United Nations General Assembly Resolution 1514) in 1960 and «The Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States» (The United Nations General Assembly Resolution 2625) in 1970. The Declaration on the Rights of Indigenous Peoples also secured the right of such peoples to self-determination and autonomy in matters concerning their internal affairs [4].

It is necessary to pay attention that the legal personality of nations and peoples as primary subjects of international law differs significantly from international legal personality of states. The legal personality of nations in international law is limited and temporary because nations and peoples in international law may participate in international legal relations only in terms of using their rights to self-determination. Legal personality of the nations and peoples fighting for independence determines its rights and duties and put them under the protection of the international law.

If we compare international legal personality of nations and peoples and international legal personality of state it is obvious that states in international law have universal legal personality because their sovereignty. The feature of the legal personality of states in international law lies in the fact that the legal personality of states has no urgency, is not limited in time and does not depend on anyone's will.

In the juridical literature different point of view regarding the understanding of international legal personality of nations and nationalities fighting for independence can be found.

If we compare different points of view about features of the international legal personality of nations and peoples fighting for independence, we can conclude that the issue of their international legal personality is complex and debatable. Usually, legal personality of nations and peoples in the international law accepts in terms of using their right to self-determination. We can conclude that legal personality of nations and peoples is limited, it can be realized only in connection with their national self-determination. At the same time, we believe that the alternative points of about the inconsistency of the traditional way to understand the international legal personality of nations and peoples fighting for independence are fair since the legal personality of nations and peoples is currently built only in view of their rights to self-determination.

References:

1. Göran Therborn. (2021) States, Nations, and Civilizations // Fudan Journal of the Humanities and Social Sciences, volume 14, P.p. 225–242. Fudan Journal of the Humanities and Social Sciences. (accessed 27.04.2023)
2. Astrid Kjeldgaard-Pedersen. (2019) Global Constitutionalism and the International Legal Personality of the Individual // Netherlands International Law Review 66, P.p. 271–286. Netherlands International Law Review (accessed 02.05.2023)
3. Charter of the United Nations (Adopted in San Francisco on 26.06.1945) // UN Official Website. – [online]. Available at: https://www.un.org/ru/about-us/un-charter/full-text (accessed 24.04.2023).
4. Resolution adopted by the General Assembly on 24 October 1970. Adopted on a Report from the Sixth Committee (A/8082) // UN Official Website. – [online]. Available at: http://www.un-documents.net/a25r2625.htm (accessed 27.04.2023)