Prawne aspekty konfliktu w Górskim Karabachu: stan obecny i perspektywy
Legal aspects of the Nagorno-Karabakh conflict: the current state and perspectives

Summary/Abstract: The following study picks up some important legal problems related to the conflict over Nagorno-Karabakh – an Azerbaijani separatist province. The Armenians claim that in 1991 Nagorno-Karabakh effectively abandoned Azerbaijan and declared independence, while the Azeris argue that an armed secession was illegal and the disputed territory de jure remains under their jurisdiction. The paper pays particular attention to the main legal arguments that have been raised by both parties to the conflict. It asserts that under Soviet law the secession of Nagorno-Karabakh was not admissible. Pertain to the contemporary public international law the discussion starts with the conclusion that the principle of territorial integrity prevails over the principle of the self-determination of the peoples. However, all minorities, including the peoples and ethnic groups, should enjoy the right to the social, economic and cultural development. Even though Azerbaijan can claim the right to exercise jurisdiction over disputed territory, it should fulfill all duties of a state under the international covenants of civil, economic, social and cultural rights and the European Human Rights Convention.

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