К вопросу о соотношении принципа невмешательства во внутренние дела государств и государственного суверенитета

Abstract

The author considers the principle of non-interference in the internal affairs of states as one of the fundamental principles of modern international law which is increasingly becoming more topical. This is connected with the specific nature of modern international relations characterized by the growing number of local conflicts, transnational crime, ethnic and religious intolerance; emergence of n ew principles of international law and the growing influence of universal values. So it is natural, that spreading of collective interference cases connected with the human rights protection, peacekeeping operations, combating terrorism and other international crimes introduces amendments in the interpretation of the principle of non-interference. The article defines the place of the principle of non-interference among other international l aw principles, reviews its correlation with the state sovereignty concept, defines the content and volume of the notion of domestic jurisdiction. The author believes that the principle of interference in the internal affairs of states is significantly defined by and closely related to other international l aw principles and in particular with nonuse of force or threat of force, the principle of sovereign equality of states and state sovereignty concept. The existence of the principle on non-interference is possible only due to mutual recognition of independence by the states. The author notes that the sovereignty is an inherent attribute of a state that appears or disappears simultaneously with the state and therefore it cannot be limited. Development of international law and international relations puts restraints only on the state's domestic jurisdiction, i.e. on the authority of the state to act freely in any sphere. It is underlined that domestic jurisdiction does not include the spheres regulated b y common norms of international law or the norms that involve the world community. The states are prohibited to perform actions that present threat to the world peace and security. Domestic jurisdiction includes domestic and foreign affairs. It is not possible to define its general scope since it changes together with development of international relations and differs for each particular state. International agreements define its boundaries as well as the actions that violate the norms of international law.