Publication Details:

The POLITNOMOS is a multi-disciplinary scholarly peer reviewed and international fully open access journal that covers all areas of political science, law, political and legal philosophy. It aims to serve as a scholarly platform for research papers’ findings, discussions, and debates and introduce promising researchers and studies to the political and legal scientific communities.

Journal or Publication Title:

The Politnomos․ Journal of Political and Legal Studies

Date of publication:

2023

Volume:

1

Number:

1

ISSN:

2953-8165

Corporate Creators:

Institute of Philosophy, Sociology and Law of NAS RA

Coverage:

91-114

Abstract:

This article is dedicated to the comparative analysis of the advisory opinion of the International Court of Justice on Kosovo, thereby revealing the criteria of the legality of realization of the right of peoples to self-determination and clarifying the question of their applicability to the Artsakh case. Historical and comparative methods of scientific research were used in the article, by means of which positive and negative aspects of the advisory opinion of the UN Court were highlighted. The analysis has shown that perhaps for the first time, an attempt was made by the International Court of Justice to define the criteria of the legality of the act of declaration of independence by a national community seeking self-determination, which aims to remove the right of peoples to self-determination from the sphere of political speculation and place it in the realm of legal certainty. The analysis also showed that the standards developed by the UN Court are fully applicable to Artsakh as well. The article also made an important record that even in the seemingly non-pro-Armenian stance of the ongoing negotiation process, new negotiation approaches being formed by Armenia are within the context of the legal logic of the UN court and thus have the potential to achieve legal confirmation of the independence of the people of Artsakh, if appropriate diplomatic and military-political work is carried out.

Publisher:

NAS RA

Format:

pdf

Identifier:

click here to follow the link ; oai:arar.sci.am:363129

Language:

en