Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1992, nr 1
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Browsing Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1992, nr 1 by Author "Tyranowski, Jerzy"
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Item Ekonomiczne aspekty suwerenności i samostanowienia we współczesnym prawie międzynarodowym (zagadnienia podstawowe)(Wydział Prawa i Administracji UAM, 1992) Tyranowski, JerzyThis article concentrates on the basic problems respecting the „economic sovereignty" and „economic self-determination", and especially on the right to choose he economic system of a state, the permanent sovereignty over natural wealth and resources, the right to free disposal of natural wealth and resources and the problems of economic coercion. In the opinion of the present writer a delimitation should be drawn between he rights of states on the one hand, and the corresponding rights of peoples on he other. Such a delimitation must be based on the assumption that in international aw the concept of sovereignty is connected exclusively with the states, and the concept of self-determination exclusively with the peoples. According to that the right to choose the economic system and the permanent sovereignty over natural wealth and resources are fundamental rights of states flowing from their sovereignty The corresponding rights of peoples flowing from their right to selfdetermination, i.e. the right of every people to choose the economic system of its state and the right to free disposal of its natural wealth and resources,, are only complementary to those fundamental rights of states; they are strengthening the prohibition of foreign intervention which is inherent in sovereign equality of states. Ii is, however, possible that the exercise of „economic sovereignty" may contradict the right of a people to „economic self-determination, especially when the economic system does not conform to the wishes of a people or when a people is being deprived of its own means of subsistence. In such a case the question of foreign intervention arises in a different context. It can be taken for granted that the people's right to self-determination excludes the admissibility of foreign intervention by invitation of the government. On the other hand, it is certain that international law does not authorize any intervention in favour of the people's right to self-determination. The last section of the article is concerned with the problems of economic coercion. In the opinion of the present writer the prohibition of the use of economic measures of coercion still belongs to the sphere de lege ferenda.