A seminar-discussion on the topic ‘International legal significance and procedure for changing state territory’ took place at KUL NASU
Recently, a seminar-discussion on the topic ‘International Legal Significance and Procedure for Changing State Territory’ took place at the Kyiv University of Law of the National Academy of Sciences of Ukraine, which was dedicated to the Day of Remembrance of the Heroes of the Heavenly Hundred, the ninth anniversary of the illegal occupation of Ukrainian territory, and the full-scale armed aggression by the Russian Federation.
Day of the Heroes of the Heavenly Hundred – a memorial day celebrated in Ukraine on February 20 to honor the feat of the participants of the Revolution of Dignity and to perpetuate the memory of the Heroes of the Heavenly Hundred. The memorial day was established by a decree of the President of Ukraine on February 11, 2015, with the aim of commemorating great human, civic, and national courage and selflessness, the strength of spirit and resilience of citizens, thanks to which the course of our state’s history was changed, worthy of honoring the feat of the Heroes of the Heavenly Hundred who gave their lives during the Revolution of Dignity (November 2013 – February 2014), defending the ideals of democracy, upholding human rights and freedoms, and the European future of Ukraine. Later, in March–May 2014, the Russian Federation began the illegal annexation of the state territory of Ukraine, which later on February 24, 2022 escalated into an aggressive, nationwide full-scale invasion across the entire territory of our state.
The seminar-discussion was organized and conducted by the Department of International Law and Sectoral Legal Disciplines for first (bachelor’s) level higher education students of the 293 ‘International Law’ specialty in their second year of study. The seminar was moderated by the department professor, PhD in Law, associate professor. Khoratova O.O.
The discussion participants emphasized that, according to the norms of international public law, territory is a necessary characteristic of a state, and control over territory is an essential element of statehood. Jurisdiction over a territory implies the competence of the state to adopt and implement norms concerning that territory. At the same time, state sovereignty entails the ability of the state to exercise exclusive jurisdiction over its territory. The legal regime of all subjects and objects located within the territory of the state is defined and regulated exclusively by its laws, and the state has the right to prevent the activities of any other state or organization on its territory.
The students analyzed the norms of international law concerning state borders and the procedure for their determination and establishment; identified the legal regime of the state border of Ukraine and directions of international cooperation on border issues; based on the principles of international law enshrined in the UN Charter, they concluded that all states in the world have exclusive sovereignty over their territory, which entails: the right of people to self-determination, and any territorial changes in the status of state territory or its parts, whether increasing or decreasing, any change of state borders must be carried out exclusively in accordance with the direct will of the people, the consent of the state, and international law, without any external interference or threats. by force or its use, with the mandatory subsequent approval of any territorial changes by the highest legislative body of the state. It was noted that territorial disputes should be resolved exclusively by peaceful means through negotiations in accordance with Article 33 of the UN Charter and existing international agreements, and that the state has exclusive and absolute authority within its territory. Emphasis was placed on the principle of non-interference in the internal affairs of a state by other states, international organizations, foreign individuals and legal entities, the inviolability of state territory, which excludes any actions by other states against the territorial integrity, political independence, or unity of any state, the use of force or threat of force, as well as any military occupation in violation of international law.
The participants also analyzed the illegal pseudo-referendums of 2014 and 2022 in the territories of Ukraine occupied by the Russian Federation concerning changes to state borders, the status of occupied territories, and emphasized the inalienable right of the state to protect, by all available legal means, the inviolability of its territory, its state borders, political independence, and territorial integrity, as well as the lives, property, honor, and dignity of citizens, and the property and other non-property rights of individuals and legal entities.
Press Center KUL NASU