Nazarov P.V.

Master of scientific and pedagogical magistracy
On a specialty "Jurisprudence"
 University "Turan"

Historical retrospective phenomenon of "Right of peoples to self-determination"

Abstract. In this article the author analyzes the historical aspects of the formation and the formation of such a fundamental right as the right to self-determination of peoples. Also analyzed among scientists investigating the problem of self-determination of peoples.

Keywords: rules, principles, the United Nations, the peoples, self- realization and independence .

Formation and development of the idea of national self-determination found its origins in the period of the Enlightenment and is inextricably linked with the names of Locke, Grotius, Vattel de Rousseau.

As noted in the works of some researchers, "... social thought advanced European countries came to the denial of absolutism (which laid the ideological basis of the French Revolution), and tried to justify theoretically the" sovereignty of the people "through the theory of" natural law ". In the first French Constitution, adopted September 3, 1791, declared: first, that people are free and have equal rights from birth; secondly, that the purpose of each state - "preservation of the natural and inalienable human rights" and finally that "the source of sovereignty rests essentially in the nation" [1, p. 146].

It followed that the right to self-determination is given to the individual, and therefore the group of individuals "from birth."

A similar view was held by the founders of the United States, which stood at the origins of the struggle for independence from the British North American colonies. As a result, the idea was enshrined in the Declaration of Independence.
In the 90 years of the XVIII century, the idea of popular sovereignty and became interpreted as a right of the population of certain territories to decide, under the authority of the state they want to live. This ideological approach used by the government of revolutionary France to justify the annexation of Avignon, Belgium and the Rhineland [2, p. 20].

In the XIX century the idea of "freedom of the peoples" were appealing national and revolutionary movements - the fighters for the independence of Poland, Greece and the Spanish colonies in America, Italian patriots and forces for the reunification of Germany. In the latter two cases, the idea is in the form of irredentism - combining disparate lands inhabited by the representatives of the people in a single state.
In the future, the principle of self-determination of the peoples of several transformed and initiated such procedures "people's will" as plebiscites and address of the representative, mainly elective conferences.

The term "self-determination of nations" was first performed at the Berlin Congress in 1878, approximately at the same time entered into circulation, and the concept of "the right of nations to self-determination." The idea soon gained wide recognition and occupied a strong place in program positions many liberal and socialist movements. In 1896, the "right of nations to self-determination" was recognized by the London International Congress II. XX century is seen by many as the era of self-determination. In XX century, there was a collapse of large multinational states: Austria-Hungary, the Ottoman Empire, the USSR, Yugoslavia.

During the First World War, the warring countries considered it their duty to proclaim the slogan of self-determination of the peoples living on the land of the enemy. Very often the Polish question was raised: the need to solve it said in 1914 the official representatives of Austria-Hungary, offering the sovereignty of the Polish people, but within the boundaries of his own empire.

The principle of national self-determination as a possible postwar norm was first nominated by the Entente countries and the United States. On behalf of the British Prime Minister Lloyd George, experts Foreign Office prepared a proposal for the post-war settlement, providing for the application of this principle, although only in respect of the German colonies. In addition, since the beginning of 1918 the allies headed for the dismemberment of the Austro-Hungarian Empire and the creation on its territory of the states that are in the sphere of influence of Britain, France, the United States and other coalition countries.

Proceeding from the fundamental tenets set forth in the US Constitution, US President Woodrow Wilson at the end of the war and subsequent peace talks acted as a supporter of the principle of national self-determination. His concept was not the same - it complements and builds upon it, in accordance with the political situation. In May 1916, Wilson spoke only of the right of peoples to choose a government under which they (i.e. nations) would be more convenient to live.
Later, in January 1918, Woodrow Wilson made a peace program of the postwar settlement, which became known as "Wilson's 14 points." In it, he noted that the main subject of power is the people with the right to self-determination.

Later, when it came to specific people, Woodrow Wilson came to developing his own "right to self-determination" is very selective, offering the right to apply the "secession" only to the peoples of the Quadruple Union. The world situation has changed dramatically, when the revolutionary wave swept Russia and the former empire granted independence to Poland and Finland. The Bolshevik government tried to implement extended in 1914 to sign the slogan of immediate peace without annexations and indemnities, who was at that time quite popular in Europe are tired of war, and put forward the idea of the right of nations to self-determination as the basis of national state building.

Further development of the principle of self-determination is closely related to the Second World War.

Thus, in the Atlantic Charter (1941) (Declaration of Principles of 14 August 1941), was assigned to a set of principles, one of which was the principle according to which "the sovereign rights and self-government should be restored to those who have been forcibly deprived of them" (Principle 3 Atlantic Charter).

The provisions of the Atlantic Charter were transferred to the United Nations Declaration, signed on January 1, 1942, the Moscow Declaration of 1943 and other important documents of the period.

As a result, some of the provisions of the Atlantic Charter had a fundamental influence on the work of the conference in San Francisco in 1945, where he signed the final version of the UN Charter, containing the concept of self-determination
Thus, Article 1 (2) of the UN Charter states that "... one of the objectives of the United Nations is to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples ..."

Moreover, Chapter IX of the UN Charter, in article 55 also states: "... the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples." The UN Charter also refers indirectly to the principle of self-determination in respect of the colonies and other dependent territories.

Article 73 of the UN Charter stipulates that members of the United Nations which have or assume responsibility for the administration of territories whose peoples have not yet attained full self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and as a sacred trust the commitment to promote the welfare of the most population of these areas within the framework of international peace and security " [3].

It follows that the documents adopted by the United Nations, the idea of self-determination has found new favor.

Following the adoption of UN General Assembly resolution 1514 (XV) followed by a series of documents of this kind, relating to issues of self-determination: resolution 1803 (XVII) of 14 December 1962, "Permanent sovereignty over natural resources", resolution 2105 (XX) of 20 December 1965" Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples "(in this document recognize the legitimacy of the struggle waged by peoples under colonial domination, for the right to self-determination, and invites all peoples to provide them with material and moral support), etc.

It is important to note that the latest resolutions of the UN General Assembly the so-called national liberation movements in some cases, to recognize the "sole legitimate representative" of the peoples. In other words, extraterritorial political organizations were actually recognized as a sovereign subject of international law.
It is about the Palestine Liberation Organization and the People's Organization South-West Africa. So the PLO was recognized in 1974 by the majority of the UN as the legitimate representative of the Palestinians, providing it the status at the United Nations. A year earlier, the UN declared that it recognizes the People's Organization South-West Africa, "the only authentic representative of the Namibian people".

In the Covenant on Human Rights, which initially was considered as a single document, the position of self-determination, it was decided to include on the assumption that:

a) it "... is a source or a prerequisite for other human rights, as it cannot be true of the individual rights of free exercise of the right to self-determination";

b) in the preparation of the Covenant must be provided for the implementation and protection of the principles and purposes of the Charter, including the principle of equal rights and self-determination of peoples;

c) a number of provisions of the Universal Declaration of Human Rights is directly related to the right to self-determination;

d) if the right not to include in the pact, it would be incomplete and ineffective [4, c.176].

In 1951, during the discussion at the VI session of the UN advocates inclusion of the Covenant rights to self-determination stated that its application is a basic condition for peace, security and fruitful international cooperation, and, therefore, without this provision the received document is deprived of any meaning. At the same time they shared the right of peoples and the rights of minorities, as the authors of the Charter did not intend to provide the latest self-determination. In addition, self-determination stood out is twofold: internal - enabling governments and external - providing independent nation.

On the X session of the UNGA in 1955, opponents of the pact included in the right of self-emphasized that in the Charter of the United Nations refers to "principle" and not a "right" to self-determination, in the various documents that principle is interpreted in different ways. Since the right to self-determination is a collective right, it is inappropriate to include in the document setting out the rights of individuals. Opponents argued that although the right to self-determination is a collective, but affects everyone, and its removal - a prerequisite to the restriction of human rights. States hosting United Nations Charter and recognizes it must respect the "principle of self-determination" and the resulting "right" of having a universal and inalienable. The latter view won, and the position of the right of peoples to self-determination had been made in the text of the two Covenants on Human Rights (Article 1).

At the same time, the international community will inevitably raises the question of how to combine the idea of declaration of self-determination to the prevention of separatism. As a result, the international community has been specified that the right to "external" self-determination, have the nations which are in the colonial or foreign dependence. At the same time, implicitly recognized that part of the population of an independent country can exercise this right in case of impossibility of the "internal" self-determination, i.e. the participation on equal terms in government.

Summarizing all the above, we can draw the following conclusions:

1. The process of establishing the right to self-determination can be traced from the Declaration of Independence of the United States of America, July 4, 1776, proclaiming "the beginning of his legal authority of the government of the consent of the governed," and "the opportunity whenever any Form of Government becomes destructive managed , enjoy the right of the people to change or abolish it".
Subsequently, the principle of self-determination formed the leaders of the French Revolution, whose doctrine of popular sovereignty, formed on the basis of the rejection of all wars of conquest and the possibility of annexing the territory of France only after a plebiscite.

2. During the 19th century and early 20th century, the principle of self-determination was considered the foundation for some of the nationalist movements for independence on the basis of "nationality". This led to the emergence of several new states and, finally, at the end of the First World War, to the dismemberment of the Austro-Hungarian and Ottoman empires.

The principle of self-determination also has a significant place in the process of unification that occurred in Germany and Italy, which were largely based on national characteristics, in which the plebiscite had a special significance.

3. Self-determination as a principle of international law was proposed by Stalin, in order to make it a legal basis of the "disintegration" of the colonial powers. At the same time, we note that the right to self-determination in the Soviet doctrine existed only in those cases where it has contributed to the conflict "national" interests in the major colonial powers, such as Britain.

List of references:

1. Malov D.V. The principle of equal rights and self-determination of peoples in the modern system of international law and especially the interpretation of the problem of subjectivity / Bulletin of international organizations. - M., 2013. - № 2 (41). - S. 143-153.

2. Damdinov B.D. On the question of the right of peoples to self-determination: the problem of the subject, the content and form of realization // Siberian Law Herald. - 2005. - №2. - S. 19-23.

3. The United Nations Charter, signed on 26 June 1945 // The official website of the United Nations / http://www.un.org/ru/documents/charter/index.shtml

4. Tsagaraev M.A. The modern interpretation of the principle of the right of peoples to self-determination // Sociology of power. - 2008. - № 5. - S. 174-177.