Ekonomiczne aspekty suwerenności i samostanowienia we współczesnym prawie międzynarodowym (zagadnienia podstawowe)
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Date
1992
Authors
Advisor
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Journal Title
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
The economic aspects of sovereignty and self-determination
Abstract
This 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.
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Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny, 54, 1992, z. 1, s. 25-40
Seria
ISBN
ISSN
0035-9629