Деякі проблеми визначення поняття і змісту санкцій у міжнародному публічному праві

Abstract

The paper addresses concept, essence and legal nature of property and property right within the context of international public law. The need to determine international public law aspects of property right regulation is based on protection of property right under international treaties. Since the pacta sunt servanda rule is universally upheld, no one contests the proposition that a state must observe its treaty obligations with regard to the property interests of foreigners. It is emphasized that for a long time international practice and doctrine attributed regulatory and protection questions regarding property right protection of foreigners to domestic jurisdiction of states. A chronological approach to the international human rights instruments that proclaim the right to property must start with the Universal Declaration of Human Rights, which in 1948 proclaimed in its Article 17 that «everyone has the right to own property alone as well as in association with others» and that «no one shall be arbitrarily deprived of his property». Article also contains analysis of certain judgments of the European Court of Justice and its interpretation of «property right» concept. Key words: international public law; property right; property; Convention on Human Rights and Fundamental Freedoms dated 1950; Protocol 1 to Convention; case law; European Court of Justice.