THE PRINCIPLE OF TERRITORIAL INTEGRITY IN THE CONTEXT OF TERRITORIAL DISPUTES RESOLUTION

• Main Author: T. D. Matveeva
• Format: Article
• Language: English
• Published: Moscow State Institute of International Relations (MGIMO) 2018-08-01
• Series: Московский журнал международного права
• Subjects: the principle of territorial integrity; the right of peoples to self-determination; secession; plebiscite; territorial disputes; decisions of the un security council on territorial disputes; un general assembly resolutions on territorial disputes; declaration on the principles of international law concerning friendly relations and cooperation between states in accordance with the charter of the organization united nations of 1970; declaration on the granting of independence to colonial countries and peoples of 1960
• Online Access: https://www.mjil.ru/jour/article/view/238
• ISSN: 0869-0049; 2619-0893

INTRODUCTION. The research of the conceptual foundations of the principle of territorial integrity of states, taking into account possible conflicts of this principle with the principle of the right of people to self-determination equivalent in their legal force, is actual, especially in the context of contemporary international relations. At the same time, the justification of the need to respect the territorial integrity of states in the process of settling territorial disputes is also demonstrated in the works of the early representatives of international legal doctrine. MATERIALS AND METHODS. On the example of the activities, first of all, of the UN the article shows the effectiveness of the appeal of universal and regional judicial and non-judicial bodies to the principle of territorial integrity in the process of settling territorial disputes arising in the course of realizing the right of peoples to self-determination. The special materials for the research were the decisions of the UN Security Council on territorial disputes, the resolutions of the UN General Assembly on territorial disputes, the Declaration on the Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations of 1970, the Declaration on the Granting of Independence to Colonial Countries and Peoples of 1960 and doctrinal interpretations of these documents. RESEARCH RESULTS. Based on the results of the analysis, the author notes that the absence in international law of a sufficiently clear legal definition of the principle of territorial integrity and its interdependence with the right of peoples to self-determination leads to double standards in assessing contemporary threats to international stability and security. DISCUSSION AND CONCLUSIONS. The author emphasized the necessity of progressive development and codification of the norms of international law, aimed at adapting to contemporary realities and the principle of territorial integrity, and the principle of the right of peoples to self-determination, so as to enhance the opportunities for their equivalent action as sources of international law.