BASICS OF THE ECONOMIC RECOVERY OF THE POST-CONFLICT STATE IN INTERNATIONAL LAW

Abstract

Economic recovery of a postconflict state is of great importance for the overall process of peacebuilding through its place in people’s lives. International law does not establish clear treaty mechanisms for the process of peacebuilding (along with economic recovery), but it provides a wide range of practices of different nature, which have both a complex political composition and individual nature of the legal content. However, international law regulate this area in indirect way – through the general foundations of international law, possibly detailed in peace agreements. An article aimed to research the legal regulation of economic recovery and key component of it – the principle of freedom to choose a model of economic recovery of a postconflict state, which derives from the UN Charter of economic rights and obligations of states, and UN Declaration of Principles of International Law on Public Relations and Cooperation. The freedom to choose the model of economic recovery, which is a manifestation of the principle of non-interference in the internal affairs of the state, has its limit established by the rules of jus cogens, inter alia, a prohibition of discrimination. The author also focuses on social and economic rights, which in the field of economic recovery of a post-conflict state are defined through the obligation of a state to act as much as possible within available resources to ensure the gradual full execution of acknowledged social and economic human rights in all proposed ways, that may have detailed through inclusion into the peace treaty or other act of the post-conflict state. From another hand, from the point of view of international law the international community is not obliged to provide assistance to the economic recovery of a postconflict state, but in the case of such assistance has place it must comply with certain international norms, in particular regarding the implementation of economic and social human rights. The inaction of the United Nations and states towards economic recovery may be recognized as contrary to international law in the case of a threat to international peace and security or a breach of obligations undertaken by concluding an international treaty with a post-conflict state.