THE SPECIFIC CHARACTERISTICS OF PEOPLES AND NATIONS FIGHTING FOR THEIR INDEPENDENCE AS SUBJECTS OF INTERNATIONAL LAW

Аннотация

This article provides practical information about the concept of subjects of international law and their types. It also discusses the specific characteristics, history, and current role of peoples and nations fighting for their independence as subjects of international law. Analytical views on the place and role of these states in the international arena are presented using current political processes. In the current era of globalization, each state has its own legal system and operates independently internationally. International relations cannot be imagined without subjects of international law. When analyzing subjects of international law, first of all, let us consider what subjects of international law are. They are “subjects that have rights and obligations arising from international law, protect it, and enter into international relations regulated by international law.” Until the 20th century, when the development of international law for many years was a process dependent on states, states were considered the main subjects in international law. It was precisely until this period that states were considered the only subjects of decisive importance in international relations. Historically, states have been the main and primary subjects in international law. There are many theories about subjects of international law. For example, we will study three general theories about subjects of international law. These are: 1- Realistic theory 2- Fantastic theory 3- Functional theory Realistic theory is a theory put forward by Bentobin in the 18th century. This theory states that “Only states should be recognized as subjects of public international law. According to this theory, international law regulates the behavior of states and only therefore states should have the status of subjects. According to the representatives of the fantastic theory, in the final analysis of international law, only individuals are subject to international law. Professor Kelzin is the main proponent of this theory, who argues that only individuals are worthy of the authority to be subjects of international law. He emphasizes that the rights and duties of states are the rights and duties of the people who created them. Theory www.pedagoglar.org 45-to’plam_1-qism_Iyul-2025 178 Ta'limda raqamli texnologiyalarni tadbiq etishning zamonaviy tendensiyalari va rivojlanish omillari According to scholars of the functional theory of international law, neither other theories nor fictional theories are rejected. However, the functional theory seeks to respond to both extremist theories in a new way. According to this theory, neither states nor individuals are unique subjects; both are an integral part of international law and, therefore, both are subjects of international law. States, which are the main and active subjects of international law, recognize the rights, duties and obligations provided for in international law and are able to maintain them by bringing international claims. At the same time, in modern international law, individuals are also given certain rights, duties and obligations under international law and can maintain them by international claims. In international law, international organizations and international non-governmental organizations, peoples struggling for their independence are also trying to find their place, they are making a continuous effort to obtain the status of subjects. So, according to these theories, the state is included in the list of main subjects. The state should certainly be the main subject, but we believe that it would be appropriate to include organizations and international non-governmental organizations as additional subjects instead of including them in the list of main subjects. Over the years, as a result of the liberalization of the international legal system, the concept of subjects in international law has expanded, for example, the category of nations and peoples struggling for their independence has been added to the circle of subjects of international law. Their place and role in international legal frameworks are among the most complex and evolving issues. Support for their rights is increasingly growing. In the current international legal system, subjects of international law are divided into two main types. These are: Primary subjects of law and secondary legal subjects. 1- States 2- Nations and peoples fighting for their independence are considered primary legal subjects 3- Source Secondary legal subjects include 4- International interstate organizations 5- State-like structures 6- Final documents of the 1975 OSCE. 7- Individuals (currently a controversial issue) 8- Statutes of international organizations, international resolutions and declarations. A state as a subject of international law must have a number of characteristics, which was reflected in the “Inter-American Convention on the Rights and Duties of States”, concluded in Montevideo (Uruguay) in 1993. This norm states that