Explanatory Note to the
Recommendations
on National Minorities
in Inter-State Relations
I. General principles
1. Sovereignty comprises the jurisdiction of the State over its territory and population, and is constrained only by the limits established by international law. No
State may exercise jurisdiction over the population or part of the population of
another State within the territory of that State without its consent.
The principle of State sovereignty is a cornerstone of international law, as codified
in Articles 1 and 2 of the Charter of the United Nations (hereinafter: “UN Charter”)
and reaffirmed in several other international documents. These include the 1975
CSCE Helsinki Final Act (Principle IV), the 1990 Charter of Paris for a New Europe,
and, in particular with regard to national minorities, the 1990 CSCE Document of
the Copenhagen Meeting on the Human Dimension (hereinafter: “Copenhagen
Document”) (paragraph 37), the 1995 Framework Convention for the Protection
of National Minorities of the Council of Europe (hereinafter: “FCNM”) (Preamble
and Article 21), the 1992 UN Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities (hereinafter: “UN Declaration
on Minorities”) (Article 8 (4)), and the 1994 EU Concluding Document of the
Inaugural Conference for a Pact on Stability in Europe (hereinafter: “Stability Pact”)
(paragraph 1.6). International law provides for extraterritorial jurisdiction for specific cases and in certain situations, but in a restricted form.
Recommendations on National Minorities in Inter-State Relations
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