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RIGHTS AND

DUTIES OF
STATES IN
GENERAL
ALDABA, JUAN BENEDICTO M.
ALVAREZ, MARJORIE L.
A. CONCEPT OF FUNDAMENTAL RIGHTS OF STATES

FUNDAMENTAL
RIGHTS OF by
Rights imposed STATES
International
Law and States

International Legal Order:


Right of Existence, Integrity, and Self -
Preservation

Right of Sovereignty and Independence

Right of Equality

Right of Property and Jurisdiction

Right of Legation or Diplomatic Intercourse


A. CONCEPT OF FUNDAMENTAL RIGHTS OF STATES

FUNDAMENTAL
DUTIES OF STATES
With regard existence, integrity
and self-preservation:
duty to respect the rights of States
territorial existence and integrity

PACTA SUNT SERVANDA- every treaty


enforced is binding upon the parties to it
and must be performed by them in good
faith
A. CONCEPT OF FUNDAMENTAL RIGHTS OF STATES

FUNDAMENTAL
DUTIES
With regard OF STATES
the right of sovereignty
and independence:
duty to refrain from intervention in the internal
and external affairs of other states

duty to refrain from fomenting civil strife in the


territory of another state

duty to refrain from resorting to war as a


national policy

duty to refrain from giving assistance to any


state in violation of (3)

duty to refrain from recognizing territorial


acquisition in violation of (3)

duty to ensure that conditions prevailing in its


territory do not menace international peace
A. CONCEPT OF FUNDAMENTAL RIGHTS OF STATES

FUNDAMENTAL
DUTIES
With regard toOF STATES
right of equality
duty to treat all persons under its jurisdiction with
respect to their human rights and fundamental
freedom without distinction

With regard to right of property and


jurisdiction
duty to respect property rights and jurisdictional
processes of other states

With regard to right of legation and


diplomatic intercourse
duty to settle disputes with other states by peaceful
means

duty to conduct relations with other states in


accordance with international law
A. CONCEPT OF FUNDAMENTAL RIGHTS OF STATES

SOURCES OF
FUNDAMENTAL
Naturalist View
RIGHTS
derived from law of nature

every state is endowed with inherent and


fundamental rights

Positivist View
derived from membership in the Family of
Nations

based on historical grounds or international


recognition

Eclectic View
depends on what right it is
B. RIGHT OF EXISTENCE AND SELF-PRESERVATION

the States may take measures


necessary to resist any danger to
its existence

Article 51, UN Charter:


Nothing in the present Charter shall impair the
inherent right of individual or collective self-
defense if an armed attack occurs against a
Member of the United Nations, until the
Security Council has taken measures
necessary to maintain international peace and
security. Measures taken by Members in the
exercise of this right of self-defense shall be
immediately reported to the Security Council
and shall not in any way affect the authority
and responsibility of the Security Council under
the present Charter to take at any time such
action as it deems necessary in order to
maintain or restore international peace and
security.
B. RIGHT OF EXISTENCE AND SELF-PRESERVATION

Requisites to Invoke Self-


defense:
an armed attack

the attack must be against a member of


the UN

the Security Council must not have acted


yet

instant, overwhelming, and


leaving no choice of means, no
moment for deliberation
B. RIGHT OF EXISTENCE AND SELF-PRESERVATION

WHAT IF THE
ATTACK IS NOT
AGAINST A UN
MEMBER, DOES
THE RIGHT OF
SELF-DEFENSE
STILL EXIST?
C. THE ATTRIBUTE OF INDEPENDENCE

SOVEREIGNTY
Supreme Power of the state to
command and enforce obedience

Totality of Powers and Privileges of


States

The attribute that enables the states


to make its own decisions

Absolute Control over a definite


Territory
C. THE ATTRIBUTE OF INDEPENDENCE

2 ASPECTS OF
SOVEREIGNTY
Internal Sovereignty
the powers of the state to direct its
domestic affairs, as when it establishes its
government, enact laws for observance
within its territory, or adopts economic
policies

External Sovereignty
signifies the freedom of the state to control
its own affairs, as when it includes treaties,
makes war or peace and maintains
diplomatic and commercial relations
C. THE ATTRIBUTE OF INDEPENDENCE

ESSENTIAL ATTRIBUTES
OF SOVEREIGNTY
Perpetuity of Performance
Exclusiveness or
Impenetrability

Inalienability
Unity
Comprehensiveness
C. THE ATTRIBUTE OF INDEPENDENCE

INDEPENDENCE
The Freedom of a State to conduct
its Foreign Affairs, free from outside
control.

Considered External Manifestation


of Sovereignty
C. THE ATTRIBUTE OF INDEPENDENCE

NATURE OF
INDEPENDENCE
Fenwick:
it only means freedom from control by any
other state or group of states and not
freedom from the restrictions that are
binding on all states forming the family of
nations
C. THE ATTRIBUTE OF INDEPENDENCE

POWERS OF THE
STATE:
By virtue of Independence:
manage its International Affairs

recognize Foreign States and Governments

enter into Alliances and conclude Treaties

send and receive Diplomatic Envoys

acquire and cede Territory

make War and Peace

By virtue of Internal Sovereignty:


adopt a Constitution and establish a Government

arrange its Administration

enact Laws

formulate Economic and Commercial Policies

build its own Army and Navy

regulate the Affairs of its Citizens


C. THE ATTRIBUTE OF INDEPENDENCE

IMPLICATIONS FROM
INDEPENDENCE
enable it to determine its own form
of Government, Constitution and
Law

allow it to enter into Treaties and


Foreign Relations

determination of its National Policies


regarding Defense, Resources,
Immigration, Currency

free from Intervention from other


States
C. THE ATTRIBUTE OF INDEPENDENCE

RESTRICTION OF
INDEPENDENCE
J.F. Kennedy:
Today, no nation can build its destiny
alone. The age of self-sufficient
nationalism is over. The age of
Interdependence is here.
D. INTERVENTION

INTERVENTION
Dictatorial Inference by a State
in the Internal Affairs of another
in the Relations between other
States

Inference must either be


Forcible or Backed by Threat of
Force

not Intercession
D. INTERVENTION

KINDS OF
INTERVENTION
as to number of States:
Individual Intervention- one State
interferes with the affairs of another

Collective Intervention- inference is


committed by a Group of States
D. INTERVENTION

KINDS OF
INTERVENTION
as to Grounds:
to preserve the Balance in a Region

as a Measure of Self-Defense

to maintain Conditions necessary for the Existence


and Establishment of International Peace and Order

to Obtain Redress of Grievance for and in behalf of a


Nation

in the Interest of Humanity and Religion

in Defense of National Honor

at the Request of a Party to a Civil War or Revolution

to Carry out Treaty Stipulation

for the Collection of Contract Debts, public or private


D. INTERVENTION

DRAGO DOCTRINE
collection of Public and Private
Debts Cannot give rise to
Intervention
D. INTERVENTION

PORTER
CONVENTION
Exception to the Drogo
Doctrine:
if the debtor State refused an offer to
arbitrate the creditors claim

having agreed to arbitrate, prevented


agreement on the compromise

refused to abide by the award of the


arbitrator
D. INTERVENTION

IN CONTEMPORARY
INTERNATIONAL LAW
General Rule:
not sanctioned by International Law

Exception:
Individual or Collective Self-Defense in
response to an Armed Attack

Explicit Treaty Provision

UN Authorization
E. EQUALITY OF STATES

EQUALITY
Oppenheim:
by the right of Legal Equality, States are
generally regarded as equals, as
International Persons, notwithstanding
patent inequality as to size, population,
power, degree of civilization, wealth and
other attributes. Thus, even a weak State
possesses rights which ought not to be
disregarded by stronger ones.
E. EQUALITY OF STATES

CONSEQUENCES OF
LEGAL EQUALITY
each State has a Right to Vote
weights of Votes are Usually
Equal

PAR IN PAREM NOT HABET


IMPERIUM

Act of State Doctrine


Equality can be Retained only if
there is Dignity
CASES:

CUBAN
QUARANTINE
FACTS:

July 1962: US intelligence


observed massive increase in
Soviet arms shipments to Cuba

September 1962: Tension


between USA and USSR
escalates

October 1962: Quarantine of


Cuba
CASES:

CUBAN
QUARANTINE
Monroe Doctrine

Rio Treaty of 1947

Declaration of Foreign Ministers of


Organization of American States
CASES:

CUBAN
QUARANTINE
Issue:

Whether or Not the Quarantine


violated International Law?
CASES:

CUBAN
QUARANTINE
No: Yes:
the quarantine was not a unilateral action of USA unilateral act on the part of the US (fait accompli)

defensive response to an external threat part of Art. 51(1) UN Charter- Regional Charters should be
Regional Charter in accordance with the UN Charter

the quarantine was limited to nuclear threat and limited duration is not a valid excuse
duration
the quarantine is an enforcement action which
the quarantine is not an enforcement action requires authorization from the Security Council

individual and self-defense in response to a threat there is no threat, should be resolved through
peaceful means
of force
moral impossibility of compliance is not an excuse
impossibility of authorization from Security
Council of the UN
threat or use of force should be authorized by the
Charter
consistent with the purpose of the UN
CASES:

COLLECTIVE SELF-
DEFENSE
Article 52, Section 1, UN
Charter:
Nothing in the present Charter precludes
the existence of regional arrangements or
agencies for dealing with such matters
relating to the maintenance of International
Peace and Security as are appropriate for
Regional Action, provided that such
arrangements or agencies and their
activities are consistent with the Purpose
and Principles of the United Nations.
CASES:

COLLECTIVE SELF-
DEFENSE
Democracy:
NATO - North Atlantic Treaty Organization

CENTO - Central Treaty Organization

ANZUS - Australia, New Zealand, US; Pacific


Security Treaty

Treaty of Economic, Social, and Cultural


Collaboration, and Collective Self-Defense

BENELUX - Belgium, Netherlands,


Luxemburg; European Defense Community

SCEN - Society of Captive European Nation


CASES:

COLLECTIVE SELF-
DEFENSE
Communism:
Warsaw Pact - Bulgaria, Albania,
Czechoslovakia, East Germany, Hungary,
Poland, Romania, Russia (USSR)

Sino-Russian Alliance
CASES:

COLLECTIVE SELF-
DEFENSE
Issue:
Whether or Not Collective Self-Defense is
allowed in International Law?
CASES:

COLLECTIVE SELF-
DEFENSE
Yes
Article 51, UN Charter
Nothing in the present Charter shall impair the
inherent right of individual or collective self-defense
if an armed attack occurs against a Member of the
United Nations, until the Security Council has taken
measures necessary to maintain international peace
and security. Measures taken by Members in the
exercise of this right of self-defense shall be
immediately reported to the Security Council and
shall not in any way affect the authority and
responsibility of the Security Council under the
present Charter to take at any time such action as it
deems necessary in order to maintain or restore
international peace and security.
CASES:

CRISIS IN SOUTH
VIETNAM
Facts:
France - Japan - France (Dien Bien Phu)

Communist-Hanoi-Ho Chi Minh vs


Nationalist-Saigon-Emperor Bao Dai,
Prime Minister Ngo Dinh Diem

Geneva Agreements of 1954

International Control Commission

Paris Peace Conference


CASES:

CRISIS IN SOUTH
VIETNAM
Issue:
Whether or Not American participation in
South Vietnam is Intervention?
CASES:

CRISIS IN SOUTH
VIETNAM
No

Americas participation is upon the


request of South Vietnam, a
legitimate authority.