Основните принципи на международното право – правна сила и значение
Basic Principles of International Law – Legal Force and Significance

Author(s): Emil Konstantinov
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: international law; UN Charter; sovereign equality; non-use of force; self-determination; territorial integrity; armed conflict; humanitarian intervention; Ukraine; peace negotiations; legal norms; recognition of states; UN Security Council
Summary/Abstract: This article discusses the fundamental principles of international law as derived from the United Nations Charter, particularly Articles 1 and 55. These include the principles of sovereign equality, the obligation to fulfill international commitments in good faith, the peaceful settlement of disputes, the prohibition of the threat or use of force, non-interference in internal affairs, and the right of peoples to self-determination. These principles are directly applicable legal norms and take precedence over other norms in international law. A key clarification made in the article is that international recognition of a state is not essential for its sovereign existence. The prohibition on the use of force means that no state may acquire territory through aggression, occupation, or threats of violence. Any territorial changes resulting from the use or threat of force are considered legally invalid. This legal framework is highly relevant in evaluating current armed conflicts near Bulgaria, such as those in Ukraine and the Middle East. International law allows the use of force only in three circumstances: self-defense (individual or collective), decisions by the UN Security Council, and the struggle of peoples for self-determination. Unilateral military actions, even under the guise of humanitarian intervention or protecting minorities, are not permissible. The right to self-determination is invoked in conflicts involving peoples such as the Palestinians and Kurds, and in disputed regions like Kosovo, Crimea, and Donbas. It includes the right of a people – even a part of one – to establish independence by any means, including armed resistance, even if it contradicts the constitution of the parent state. External military assistance is also permissible in this context. The author concludes that the core principles of international law remain legally authoritative. Their effective application requires robust legal expertise and will be central to any future peace architecture, especially in the context of Ukraine and broader global stability.

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