چکیده:
The two principles of the right to self-determination and the right to national sovereignty are among the most important fundamental principles governing the United Nations, which have been explicitly stated and emphasized in various ways, including in the Charter of this organization (Article 1, paragraph 2; Article 2, paragraphs 1, 4, and 7; Article 55, paragraph 3; Articles 73-74; and Article 77), the 1966 Human Rights Covenants, and Security Council resolutions (including resolutions 1514 and 1803). However, with the passage of time and developments in the international arena, the conflict between these two principles has become more apparent than ever. For example, studying the developments in Kosovo shows that the unilateral declaration of independence of this region by the Kosovo Parliament has come into clear conflict with the national sovereignty of Yugoslavia. Although the United Nations Security Council, in all its resolutions 1169, 1199, 1239, 1244, and other documents and actions issued and pursued to resolve the crisis between Kosovo and Serbia, has always emphasized the necessity of respecting these two principles in the framework of recognizing the national sovereignty of Yugoslavia and the right to self-determination of the people of Kosovo, in practice, it did not prevent NATO's military intervention in Yugoslavia, nor did it condemn it, and as a result, the national sovereignty of Yugoslavia was compromised. The advisory opinion of July 22, 2010, by the International Court of Justice, which was issued at the request and pursuit of this organization, as well as the UN General Assembly resolution of October 13, 2010, stating that Kosovo's unilateral declaration of independence is not inconsistent with international law, both in a way confirmed the organization's preference for the right to self-determination of Kosovo over the national sovereignty of Yugoslavia. By referring to United Nations documents and the actions of the Security Council and its other organs, as well as the actions taken by the international community to resolve the Kosovo crisis, this article attempts to examine the conflict between the two principles of the right to self-determination of peoples and the right to national sovereignty in the practice of the United Nations and analyze the reason for preferring one over the other.
خلاصه ماشینی:
Although the United Nations Security Council, in all its resolutions 1169, 1199, 1239, 1244 and other documents and actions issued to resolve the crisis between Kosovo and Serbia, has always emphasized the necessity of respecting these two principles within the framework of recognizing the right to the national sovereignty of Yugoslavia and the right to self-determination of the people of Kosovo, in practice, it did not prevent NATO's military intervention in Yugoslavia, nor did it condemn it; consequently, the national sovereignty of Yugoslavia was compromised.
The advisory opinion of the International Court of Justice on July 22, 2010, which was issued based on the requests and follow-ups of this organization, as well as the UN General Assembly resolution on October 13, 2010, regarding the non-incompatibility of Kosovo's unilateral declaration of independence with international law, also in a way confirmed this organizational preference for the right to self-determination of Kosovo over the national sovereignty of Yugoslavia.
The United Nations Security Council, in all its resolutions 1169, 1199, 1239, 1244 and other documents and actions issued and pursued to resolve the crisis between Kosovo and Yugoslavia, despite always emphasizing the necessity of respecting these two principles in the form of recognizing the right to the national sovereignty of Yugoslavia and the right to self-determination of the people of Kosovo, failed in practice to prevent NATO's military intervention in Yugoslavia or to condemn it, which resulted in the undermining of Yugoslavia's national sovereignty.
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