Normative-regulatory Support of the Minority Rights in the International Law before Establishment of UN: Retrospactive Analysis

Abstract

The system of protection of minority rights which existed in the international law since the Westphalian Peace and was subsequently transformed into the international system for the protection of minorities within the League of Nations, had a number of serious shortcomings.The main drawback of the international law of this period is the absence of the fundamental principle of the right of peoples to self-determination. The collective right of national minorities was disregarded, since all international acts concerned not the protection of the group, but only the individuals associated by national origin. In addition, the protection of minorities concerned only the Member-States of the League. The rights of national minorities were insignificant, and the national minorities themselves, which were subjects to the terms of the agreements, were deprived of the right to petition the League of Nations. The procedures for monitoring compliance with contractual obligations were imperfect. However, in spite of this imperfection, the system of protection of minority rights of this period was rather progressive and in many respects remains unsurpassed until now. Some solutios to the minority problems found in it deserve to be studied today.