THE PRINCIPLE OF NON-INTERVENTION IN THE INTERNAL AFFAIRS OF STATES AS A JUS COGENS NORM: THE CONTROVERSY OF A. GUERREIRO’S APPROACH

One of the approaches to understanding the principle of non-intervention in the internal affairs of states that exists in the doctrine of international law is examined. The author chose the article by the authoritative researcher of international law A. Guerreiro, «The Legal Status of the Principle of Non-Intervention», as a «concentrated and fresh example» of the scientific approach to the principle of non-intervention as a jus cogens norm. This approach is examined using the methodology of critical analysis, which uses the method of comparative analysis, formal-legal and historical research methods. In many ways, the approach expressed in A. Guerreiro’s article is perceived by the author as corresponding to legal realities; however, it reveals obvious shortcomings and directions for additional research. In particular, attention is drawn to the fact that the enshrinement of the principle of non-intervention in the UN Charter is not absolute evidence of its recognition by the overwhelming majority of states due to the peculiarities of its interpretation and other factors. The trans-sectoral nature of the principle’s action and the need to take into account the peculiarities of the relevant sector when studying the principle are noted. Emphasis is placed on the structure of the principle of non-intervention, on its derivation from other principles and norms of international law, as well as on the fact that some existing principles and norms originate from the principle of non-intervention.