FUNDAMENTAL RIGHTS OF STATES

Rights:
The right of existence and self-preservation
The right of sovereignty and independence
The right of equality
The right of property and jurisdiction
The right of diplomatic intercourse

I. The right of existence and self-preservation

 The most elementary of all rights and undoubtedly the most

important is the right of a state to exist and take such measures as
are necessary to preserve itself. But the history of international
relations shows that in the name of self-preservation, violations
have been repeatedly committed upon the territorial integrity and
independence of weak states. The UN charter recognizes the
inherent right of individual or collective self-defense in the event
of an armed attack against a member of the UN.

a. Individual or collective self-defense.

a. article 51 of the charter reserves the inherent right of the
state to individual or collective self-defense if an armed
attack occurs against such state, until the security council
has taken measures necessary to maintain international
peace and security.
b. Collective intervention is permissible under article 51 of
the charter if it constitutes “collective self-defense”,
whether ad hoc or through existing arrangements such as
NATO, SEATO, or the Warsaw Pact. Measures taken in
the exercise of collective self-defense are subject to the
same conditions as measures taken individually by a state
in self-defense.
 b. Intervention pursuant to treaty provisions or by invitation.
a. A state may call upon another state, in accordance with
the provisions of a treaty between them, to intervene
even with armed forces within its territory in order to
assist it in maintaining domestic order or in defending it
against external aggression.
c. Collective action under the charter.
a. Under chapter VII of the charter, the UN may take
collective measures against a state, whether or not it is a
member. The UN can intervene militarily or indeed non-
militarily, provided that the security council has
“determined the existence” of “a threat to the peace,
breach of the peace or act of aggression.”

II. The right of sovereignty and independence

 Sovereignty is the terminology often used to denote the totality of

the powers and privileges of a state arising from customary
international law, and not dependent on the particular consent of
another state, the term is commonly employed to describe the legal
competence which states in general. And should be distinguished
from “jurisdiction”. The latter is merely and aspect of sovereignty
and refers to judicial, legislative and administrative competence.

a. Intervention defined.
a. Intervention, as a concept of international law, is usually
defined as dictatorial interference by a state in the
internal affairs of another state or in the relations between
other states. The interference must either be forcible or
backed by the threat of force. A mere tender of advice, or
what is sometimes called “intercession”, or a protest or
demand for rectification and reparation will not amount,
strictly speaking, to intervention.
 b. Intervention has been justified by various states on any of
the following:
1. To preserve the balance of power in a
certain region
2. As a measure of self-defense
3. To maintain conditions necessary for
the existence and establishment of
international peace and order
4. To obtain redress of grievance for and
in behalf of a national allegedly denied
justice by the other state
5. In the interest of humanity and
religion
6. In defense of national honor
7. At the request of a party to a civil war
or revolution
8. To carry out treaty stipulations
9. For the collection of contract debts,
public or private
b. Intervention in contemporary international law
a. When war was considered neither legal or illegal, it was
difficult to say whether intervention was legitimate, since
war itself was nothing less than an extreme form of
intervention. It is now recognized, however, that the right
of each state to determine its destiny and formulate its
policy, free from coercion of other states, is vital not only
from the proper development of international law but
also to preserve international peace and order.
b. The importance of policy against intervention is made
explicit in article 2, paragraph 7, of the UN charter,
which precludes the UN from intervening in matters
essentially within the domestic jurisdiction of any state.
“unless such interventions is necessary to remove and
prevent threats to the peace, breaches of the peace, and
acts of aggression.