ПОСТОЈЕ ЛИ КОЛЕКТИВНА ПРАВА? (I)
ARE THERE COLLECTIVE RIGHTS? (PART ONE)

Summary/Abstract: Proceeding from wording of several legal provisions, both of domestic and international law, the author tries to determine whether, besides natural and juristic persons, one may speak about the emergence of the third category of right-holders – collectives, groups. Though particularly certain norms of public international law indisputably imply this kind of conclusion, the author nevertheless decides to examine the justifiability of this concept within several legal-theoretical models. In this respect, the author tends to demonstrate that the coherent concept of collective rights is not possible to ground neither in the interest theory of J. Raz, nor in the theory of participatory goods of D. Réaume, but only in the one that follows the basic propositions of the corporate theory of P. Jones. This theory is, on the other hand, tightly connected to the standpoint of „value-collectivism“, according to which collectives are intrinsically valuable.

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