Бекяшев К.А. Принцип уважения государственного суверенитета – основополагающий принцип общего международного права

Аннотация: The article considers the concept of the national sovereignty, gives the definitions of the latter as provided by the foreign and Russian international jurists, and experts in the field of a constitutional law. The article investigates the norms of the international law and analyzes international jurisdictional body acts exposing the principle of respect of the national sovereignty. The article provides distinctions between the principle of respect of the national sovereignty and the principle of sovereign equality of the nations. The article raises the question related to the limited sovereignty doctrine, its implementation by the United States of America in respect to Iraq and related consequences. Elements of the regulatory nature of the principle of respect of the national sovereignty are allocated and reveal. The author considers them as: 1) The jurisdiction of the state above all individuals and legal persons living or located (including operating) in its territory; 2) The jurisdiction to settle disputes in court and crimes committed in territory of the state by foreigners, and by foreigners against foreigners (the territorial and national principle); 3) The jurisdiction to secure strict observance of the territorial right of a specific state; 4) The right of a state to freely use and dispose of the territory under its jurisdiction and to perform any type the activity necessary or favorable for living of its population; 5) Prohibition on intervention to the territory of other states; 6) The right to immunity from jurisdiction of foreign courts in relation to acts and the actions undertaken by the state as a sovereign; 7) The right of the state to immunity of the state representatives operating in official quality (functional immunity); 8) The right of citizens abroad and officials of the foreign state to life and property and to their protection. The author comes to a conclusion that the principle of respect of the national sovereignty is the central principle of the entire international law system. The national sovereignty makes the nations legally equal. The respect of the national sovereignty is the liability of all subjects of international law. The sovereignty is indivisible; it is firm. However, under the influence of international developments and processes (for example globalization), the regulatory concept of the principle of respect of the national sovereignty may be refined, expanded and further advanced.

Abstract: The article considers the concept of the national sovereignty, gives the definitions of the latter as provided by the foreign and Russian international jurists, and experts in the field of a constitutional law. The article investigates the norms of the international law and analyzes international jurisdictional body acts exposing the principle of respect of the national sovereignty. The article provides distinctions between the principle of respect of the national sovereignty and the principle of sovereign equality of the nations. The article raises the question related to the limited sovereignty doctrine, its implementation by the United States of America in respect to Iraq and related consequences. Elements of the regulatory nature of the principle of respect of the national sovereignty are allocated and reveal. The author considers them as: 1) The jurisdiction of the state above all individuals and legal persons living or located (including operating) in its territory; 2) The jurisdiction to settle disputes in court and crimes committed in territory of the state by foreigners, and by foreigners against foreigners (the territorial and national principle); 3) The jurisdiction to secure strict observance of the territorial right of a specific state; 4) The right of a state to freely use and dispose of the territory under its jurisdiction and to perform any type the activity necessary or favorable for living of its population; 5) Prohibition on intervention to the territory of other states; 6) The right to immunity from jurisdiction of foreign courts in relation to acts and the actions undertaken by the state as a sovereign; 7) The right of the state to immunity of the state representatives operating in official quality (functional immunity); 8) The right of citizens abroad and officials of the foreign state to life and property and to their protection. The author comes to a conclusion that the principle of respect of the national sovereignty is the central principle of the entire international law system. The national sovereignty makes the nations legally equal. The respect of the national sovereignty is the liability of all subjects of international law. The sovereignty is indivisible; it is firm. However, under the influence of international developments and processes (for example globalization), the regulatory concept of the principle of respect of the national sovereignty may be refined, expanded and further advanced.