Humiliation of dignity is almost the only reason for quarrels and conflicts - Simon Soloveychik
The Congress of Berlin, held from June 13 to July 13, 1878, represents one of the most important moments in the history of Europe, but also a key moment in the history of the Balkans. His decisions had a groundbreaking and far-reaching impact on the political geography of the region, and many of them resonate even today through contemporary political, national and ethnic tensions. The Congress was concluded on July 13, 1878, with the signing of the Treaty of Berlin, which replaced the preliminary Treaty of San Stefano signed three months earlier (March 3, to be exact).
With international recognition (see Article 26 of the Berlin Treaty), Montenegro becomes the subject of the so-called of European, classical international law, equal to other subjects of the international community, i.e. "from a state in the factual sense it became a state in the sense of international law". This recognition, followed by territorial expansion and the constitution of multi-confessionalism, resulted in the imposition of certain international obligations: on the one hand, the obligation to respect international rules or the so-called general obligation, and, on the other hand, a specific obligation from Article 27 of the Berlin Treaty, i.e. that "differences in religion and creed cannot be an obstacle for someone to be excluded or prevented from enjoying their civil and political rights...".
Based on the 2006 referendum, Montenegro, after 88 years, is restoring its independence and full sovereignty, i.e. becomes the subject of positive international law. Historical experience and socio-political reality resulted in the prescription of the constitutional prohibition that "Montenegro cannot enter into an alliance with another state that loses its independence and full international subjectivity" (see Article 15 paragraph 4 of the Constitution). On the other hand, Montenegro remains committed to equal cooperation with other nations and states and European and Euro-Atlantic integrations" (as stated in the Preamble), and "based on the principles and rules of international law, cooperates and develops friendly relations with other states, regional and international organizations ". Also, the positive Constitution abolished the designation "Republic" from the name of the state of Montenegro, i.e. it came to nomen juris, but also to de jure i , discontinuity with its Yugoslav past.
With the restoration of independence, Montenegro regains international rights and obligations, of course in accordance with contemporary international law. The source of these rights and obligations of states is the natural law doctrine, as in the case of human rights and freedoms. One of the classics of international law, Emer de Vatel (18th century), points out that states owe to other states what man owes to other people, and Louis le Fir (20th century) states that these rights and duties represent the very basis, conditio sine qua non international order. With the predominance of positivism, the rights and duties of the state also receive a positive legal basis. In this sense, articles 4 and 5 of the Montevideo Convention (Convention on the Rights and Duties of States from 1933) are particularly indicative, where, among other things, it is stated that states are equal, that they have the same rights, and that they do not depend on the power that owns, but from the simple fact that he exists as a person under international law, as well as that these rights cannot be changed or threatened in any way. Also, Chapter I of the Charter of the United Nations and the Declaration on the Principles of International Law on Friendly Relations and Cooperation between States in accordance with the UN Charter from 1970 are indispensable. Although the catalog of international rights and obligations of states is not fully defined, it includes, among others: the right to sovereignty (which includes the right to independence), the right to territorial integrity, the right to self-defense, the obligation to refrain from the threat or use of force in mutual relations state, the obligation to settle disputes by peaceful means, the obligation not to interfere in internal and external affairs, the obligation to conscientiously fulfill obligations, etc.
Numerous listed rights and obligations, followed by gross misunderstanding and misuse for current political purposes, represent the unavoidable rhetoric of numerous politicians in the region. That is why the continuation of my text will concern one right - the right to respect, which represents, on the example of our country, a real curiosity. Namely, the right to respect, in simple language, implies respect for the state by its institutions, bodies and citizens, and their obligation to refrain from all acts of disrespect for other states, i.e. the obligation to prevent and punish acts that would harm the reputation and dignity of other states. It is unclear the continuous and destructive activity towards the dignity of Montenegro, state characteristics, the Constitution and laws. The question, although extremely rhetorical, is how genuine we are sons of her rock and guardians of her honesty, as it proudly states in the anthem of Montenegro. On the other hand, it is quite clear that our (un)scrupulous statesmen and citizens will truly laugh at these words, provided they read them without prejudice, because political practice knows anything but respect for the state, or for others and others.
Finally, the antagonisms that follow the so-called state issue(s) represent an inexhaustible source of political destructions that threaten the dignity of the state, and thus our own dignity, civil character and the rule of law.
The author is a doctoral student in legal sciences and a member of the CIVIS at the SO Bar
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