Academic literature on the topic 'Special Committee on Principles of International Law Concerning Friendly Relations and Co-operation among States'

In commemoration of the fifty-year anniversary of the adoption of the United Nations General Assembly resolution 2625 (XXV), Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, it is fitting to assess the current relevance of this document in the international legal order. An indepth study of the contentious cases and the advisory opinions of the International Court of Justice allows to demonstrate that this instrument is not a mere declaration. On the contrary, it will be shown that, in the present day, it is a key instrument in the resolution of disputes between States.

The article analyzes the role and competences of a kin-state in the protection of its national minority living abroad. The issue had been analyzed with the example of Hungarian unilateral legal acts, which present legal consequences and the legitimacy of the actions of a kin-state. The article focuses on the basic international legal mechanisms for the protection of the rights of national minorities and the recommendations given by international advisory bodies in this area. According to international law, the state, in which the minority lives, has the primary duty to protect minority rights. Only few types of actions can be taken by a kin-state in favour of its kin-minority: actions in the context of international bodies and mechanisms, actions in co-operation with the home state and domestic legislation concerning relations with its kin minority. The last one is not regulated by international law and is broadly discussed in its doctrine. The article analyzes Hungarian domestic legislation providing a wide range of preferential treatment to the members of the kin minorities in Zakarpattia, namely Act LXII OF 2001 on Hungarians Living in Neighbouring Countries and Аmendmentof Act LV of 1993 on Hungarian citizenship. Soft law instruments confirm that this kind of legislation of kin-states has to be assessed in accordance with relevant principles of the international law, such as territorial sovereignty of the state, pactasunt servanda, friendly relations among state and the respect of human rights and fundamental freedoms, in particular the prohibition of discrimination.

Over the past two decades, the United Nations General Assembly has adopted a number of principles concerning the conduct of international relations. In the preambular paragraphs of the declaration annexed to this resolution, specific principles are reaffirmed. They are: the Declaration on Principles of Interna-tional Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations [9 I.L.M. 1292 (1970)], the Definition of Aggression [13 I.L.M. 710 (1974)], and the Manila Declaration on the Peaceful Settlement of International Disputes [21 I.L.M. 449 (1982)]. The Declaration for 6n the Enhancement of the Effectiveness of the Principle of Refraining from the Threat or Use of Force is the culmination of 10 years of work, and represents the most recent set of guidelines.