The people as a subject of international law
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
The article deals with the formation of the concept of “people” in European political and legal thought and international law, systematized elements of the definition of the people in acts of international law, including through social and territorial meaning of the term, char- acteristics (features) of the people, correlation of the people and other social and political phenomena (nation, extraterritorial groups (racial, ethnic, linguistic, religious minorities), indigenous peoples, State). Categories of peoples in international law are considered (people- nation, peoples of non-self-governing and trust territories, including nations that are fighting for the exercise of their right to self-determination and independence, peoples, whose territo- ries have distinct constitutional legal status in domestic law, indigenous peoples). The authors analyze the capacity of peoples (as subjects of political, cultural development, interaction and mutual influence) in international law. On the basis of the study authors articulate own definition of people in international law – as one of the primary subjects of international law, a special type of human community that covers all permanent population of the defined territory (geographically, administratively or politically singled out), has a subjective unity (constant consciousness of its social difference and connection to the territory, a special identity and desire for its preservation and develop- ment), which may be based on objective factors (common historical tradition, culture, lan- guage, economic life, constant social structure features, racial, ethnic, confessional composi- tion of the territory population) and also common to all community institutions or other means of expression common features, solidarity and aspirations, aims to become a separate socie- ty and capable of self-determination in the form of will expression in order to provide a com- mon political development (in particular can independently or together with other peoples constitute the nation and the state, form foundations of the constitutional order, elect author- ities), is subject of political, social, economic and cultural development of mankind and the bearer of popular sovereignty (which is realized through the right of people and the human and in democratic states can be implemented through national and state sovereignty).
Authors and Affiliations
Iryna Kresina, Oleksii Kresin
Keywords
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