МИР ЯК ПРАВО: ОСОБЛИВОСТІ ВИЗНАЧЕННЯ ТА ЗАБЕЗПЕЧЕННЯ

Abstract

The article examines the current problems right to peace, in particular, attention is focused on the importance of its normative consolidation as a separate right, with a clear formulation of the definitions and the selection of its features and components, in binding international documents. Attention was drawn to the interdependence between right to peace and the observance of human rights.

In the course of the study, it was established that the definition of the "right to peace" in existing international documents is unclear, has significant differences and contradictions, is usually considered separately and in the context of the right to security, and is regulated in documents of a non-mandatory natureor the so-called "soft law" ". It is proposed to distinguish the right to peace from the group of rights of the third generation and consider it as a separate type of rights, the subject of which is humanity as a whole. The main components and signs of this right are determined from the standpoint of awareness of the observanceof the right to peace as a fundamental duty of all humanity. The cause-and-effect relationship between the clear normative consolidation of this right in international documents as a special and overriding human right and the development of effective international mechanisms for its international protection has been revealed. Formulated priority steps to minimize the risks of manipulating the issues of peaceful coexistence, peaceful cooperation and security when resolving international conflicts or situations that may lead to a breach of peace.

Further research should be aimed at the detailed normative regulation of the right to peace in international documents of an imperative nature, the definition of effective conventional mechanisms for itsprotection through the prism of the exceptional condition of its observance by all participants of the world community.