НАДЛЕЖНОСТ ДРЖАВА И ЉУДСКА ПРАВА
JURISDICTION OF STATES AND HUMAN RIGHTS

Summary/Abstract: In terms of international law the sovereign equality of states is a necessary ground of relations between the states and the nations. This principle served as a legal ground for preventing outside meddling in internal affairs, especially by the great powers. ~This was particularly important to smaller and medium-size states in preserving their independence, while the great powers needed it to maintain the balance of forces. This gave rise to a joint basis of theory according to which every state, people or nation are entitled to regulate their life without any foreign influence. This conception found its way also in treaties on peaceful settlement of disputes, and in statutes and general acts of the international organisations. At the same time there is another, to a degree contrary, trend in tlie theory of state. The issue of position of man acquires significance within the limits of state, being protected by the principle of 'non-intervention. This is witnessed also since the Magna carta libertahim (1215) and up to the Declaration on the Rights of Man and the Citizen (1789). Namely, the safety of legal transactions required that some issues be exempted from the power of local sovereigns. This is particularly true in case of human rights. The international community therefor gradually abandons the traditional conception according to which the position of man is regulated by internal state law. This position is tocay regulated also by numerous international acts. Consequently, international organisations have a duty to study and regulate various aspects of human rights and basic freedoms. Their practice confirms this statement in course of drafting international instruments relating to human rights, and in cases of accusation for violation of basic human rights. There is no doubt, theoretically, that human rights do not fall in the exclusive jurisdiction of states, since there exist parallel, joint or divided jurisdiction, pertaining both to the states and the international community, namely corresponding international organisation, because this field is regulated by municipal and by international law. The relationship between these two systems of norms determines the development of international relations.

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