КОНЦЕПТУАЛИЗАЦИЈА ПОЈМА РЕПРЕСИВНИ РЕЖИМ У МЕЂУНАРОДНОМ ЈАВНОМ ПРАВУ
CONCEPTUALIZATION OF THE TERM REPRESSIVE REGIME IN INTERNATIONAL PUBLIC LAW

Summary/Abstract: In this article we observe the method of governance, as a relationship which is not regulated by international law, and in spite of this, in practice, the basis of many consequences in the international legal order and international relations. The focused problem is that the relationship between the state and the citizens, or the value aspect of this relationship, is not a direct subject, but nevertheless concerns many normative regimes of international law. The aim of the article is to highlight the relevant aspect of the normative content of repressive regime that could constitute hypothesis of disposition in terms of legally acceptable governance. The basic assumption is that a normative concept of the repressive regime is developed in the international law, as an undesirable behavior by the states. So problematized task, we approached, firstly, by observing the elements of repressive rule within the scope of international organizations and bodies, secondly, through the normative analysis of the practice of repressive rule and, thirdly, by the conceptualization of acceptable governance on the international level. The obtained results indicate that the term repressive regime includes two aspects, ideological and internationally protected human rights. The attempt to conceptualize the notion of repressive regime encounters the problem of respecting principles of sovereignty, representation, as well as human rights in the conditions of universalization of values. We find that the only criterion that can be applied at the international level is the right of citizens that the state authorities do not systematically use the state organs of repression to violate basic human rights with purpose to maintain dominate of a particular interest group.

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