Correlation and Interaction between the Principle of National Self-Determination and the Principle of Territorial Integrity of the State
The article deals with the problem of overcoming the conflict of laws, principles to self-determination of nations, the state territorial integrity and also the impact of the basic international law principles on institute of the new state recognition. The author analyzes the international legal documents on basic principles of international law, discusses the constitutions of foreign states and their provisions on the principle of self-determination, even up to the formation of their own independent state. It is noted that the legal basis of creating a new state is to implement the people's right to self-determination. The exercise of the self-determination right can lead to violation of state territorial integrity. The author comes to a conclusion that the principles of international law, including the principle of self-determination of peoples and state territorial integrity have to be interpreted in connection with and in context of other basic principles of international law. The realization of people's right to self-determination in case of the violation of the principle of universal respect for human rights and fundamental freedoms by the state as well as the inability of internal self-determination may be a valid ground of creating their own independent state. It is unacceptable to interfere in the process of self-determination. All disputes related to the right of peoples to self-determination and the principle of territorial integrity should be resolved by peaceful means. The validity of the specific case of self-determination must be assessed in accordance with the fundamental principles of international law.