THE RIGHT OF INDEPENDENCE

(CHAPTER 8)
 Sovereignty
“ The supreme power of the State to command and enforce
obedience, the power to which, legally speaking, all interests
are practically subject and all wills subordinate.”

Internal Sovereignty External Sovereignty

01 Power of the state to
direct its domestic affairs.
02 Freedom of the state to
control its own foreign
affairs. (Independence)
Charter of United Nations
(Chapter XI Article 73)
“To develop self-government, to take due account
of the political aspiration of these people, and to
assist them in the progressive development of
their free political institutions according to the
particular circumstances of each territory and its
peoples and their varying stages of advancement”
Rights and benefits arising from the State's
sovereignty and independence:

01 It determines its own form of

Government;

02 It manages its own government;

03 It can enter into treaties and conduct

foreign relations;

04
It can determine its national policies regarding
national defense, natural resources, immigration,
currency, etc.

05 It manages its own affairs free from control,

dictation or intervention of other States
 NATURE OF INDEPENDENCE
Independence cannot be regarded as importing
absolute freedom.

Charter of United
Nations (Article 2)
Pacta sunt
servanda

Principle of
“mare liberum”
Laws of neutrality
INTERVENTION States must abstain from
intervention.
Act by which a state interferes with the
domestic or foreign affairs of another state or
states through the employment of force or
threat of force.

“every State has the duty to refrain

from intervention in the internal and
external affairs of any other State.”
U.N. Declaration of the Rights and Duties
of States
 Types of Intervention
01 02 03
Internal and External Individual and Collective Diplomatic “intercession”
Intervention Intervention and Armed “punitive”
Intervention
Interventions are not allowed
except:

01 Exercised as an act of
self-defense

02 Decreed by Security Council

03 Agreed upon by a treaty.

04
Requested from sister states or from the
United Nations by parties to a dispute or
by a state beset by rebellion.
05 Based on humanitarian grounds
 The Drago Doctrine
01 03

1902 1907
Great Britain, Italy and The doctrine that was
Germany established a embodied by the Hague
blockade against Venezuela Convention.

02 04

Drago doctrine Dissipated by Porter

Formulated by the Resolution
Foreign Minister of
Argentina.
Thank you!
THE RIGHT OF INDEPENDENCE
(CHAPTER 8)
Reported by: Aliah-Zaira A. Asakil