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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
Right of Equality
FUNDAMENTAL
DUTIES OF STATES
With regard existence, integrity
and self-preservation:
duty to respect the rights of States
territorial existence and integrity
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
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
SOURCES OF
FUNDAMENTAL
Naturalist View
RIGHTS
derived from law of nature
Positivist View
derived from membership in the Family of
Nations
Eclectic View
depends on what right it is
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
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.
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
enact Laws
IMPLICATIONS FROM
INDEPENDENCE
enable it to determine its own form
of Government, Constitution and
Law
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
not Intercession
D. INTERVENTION
KINDS OF
INTERVENTION
as to number of States:
Individual Intervention- one State
interferes with the affairs of another
KINDS OF
INTERVENTION
as to Grounds:
to preserve the Balance in a Region
as a Measure of Self-Defense
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
IN CONTEMPORARY
INTERNATIONAL LAW
General Rule:
not sanctioned by International Law
Exception:
Individual or Collective Self-Defense in
response to an Armed Attack
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
CUBAN
QUARANTINE
FACTS:
CUBAN
QUARANTINE
Monroe Doctrine
CUBAN
QUARANTINE
Issue:
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
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)
CRISIS IN SOUTH
VIETNAM
Issue:
Whether or Not American participation in
South Vietnam is Intervention?
CASES:
CRISIS IN SOUTH
VIETNAM
No