Rights of the State (PEELS)

1. Right of Existence and Self-Defense

2. Right of Sovereignty and Independence
3. Right of Equality
4. Right of Property and Jurisdiction
5. Right of legation or diplomatic relation
Right of Existence and Self-Defense is the most important and comprehensive
right among others because all other rights are supposed to flow or derived from
it.
The state may take measures, including the use of force, as may be necessary to
counteract the danger to its existence.
Inherent right does not depend for its validity on the previous recognition of the
state asserting it or on the consent of other states.
This rights is acknowledged in a number of important agreements:
Charter of UN
Draft of Declaration of the Rights and Duties of the States by International
Law Commission

Is there a limitation on the use of force in the exercise of this right?

Yes, any forcible measure in the exercise of this right must be

justified. To justify the exercise of self-defense, forcible measure may be
taken by a state in the face of a necessity of self-defense, instant,
overwhelming and leaving no choice of means and no moment for
deliberation.
Does possibility of attack from the state justify another state in attacking it first?

Mere apprehended danger or direct threat to the state does not, by itself
alone, warrant the employment by the state of any force against a suspected
or potential enemy. The right may be resorted only upon a clear showing of a
grave and actual danger to the security of the state, and furthermore, selfdefensive measures must be limited by the necessity and kept clearly within
it.
Grotius denounced the mere anticipation of aggression as a ground of selfdefense, his view has been eroded by the more practical consideration that
at times the best defense is offense
US Secretary of War Elihu Root declared that it is well understood that the
exercise of the right of self-protection may and frequently does extend in its
effects beyond the limits of the territorial jurisdiction of the state exercising
it. The strongest example would be the mobilization of an army by another
power immediately across the frontier. Every act done by the other power
may be within its territory . Yet the country threatened by the state of facts is
justified in protecting itself by immediate war.