Fundamentals of the states
Which state can exercise on it's recognition as such
international law.
1. Right to existence and self-defense
- Considered as most important of all rights, the most
comprehensive right because of the state’s existence
and as a result, all other rights of the state flow from it
or emanates from it without the existence of the
state, the state cannot exercise all of the other rights
under international law
- In relation to existence the state may take any
measures including the use of force as may be
necessary to counteract any danger to its existence.
– Pertains only to the defensive use of force because
any kind of external aggression is prohibited under
international law, it is considered as erga omnes
obligation for the state to prohibit or to avoid external
aggression.
- Article 51 Charter of the United Nations state
nothing in this present charter shall impair the
inherent right of individual or collective self-defense if
an armed attack first against a member of the United
Nations.
- United nations security council, agency of united
nations which has primary responsibility for
maintenance international peace and security.
Functions: 1. To determine existence of a threat to the
peace or determine any kinds of act of aggression.
2. Imposition of certain sanctions against countries in
order to maintain international peace and security.
Example (Imposition of certain sanctions of Russia
pertains to economic and trade sanctions, arms and
bargains)
- UN security council has 50 members. (elected for 2
year term for general assembly and also 5 permanent
members countries (USA, RUSSIA, CHINA, FRANCE
AND UNITED KINGDOM)
The concept of Aggression
- Aggression is used of armed force of the state against
the sovereignty and integrity and independence of
another state. Any forms of aggression is a crime
falling within the jurisdiction of the international
criminal court pursuant to the rome statute. The
international court may acquire jurisdiction.
- Concept of Intervention, happens when one country
not necessary involve in a certain disupute may take
such measure to exercise its right to self defense.
Example:
2. Right to sovereignty and independence
- Two aspects of sovereignty :Internal and external.
Independence is the external manifestations of a state
sovereignty pertains to the power of state to
administer its affair with the interference or control
from another state.
- The right of Independence recognized by UN charter
Article 2 UN charter paragraph 4, all members shall
refrain in their international relations for the threat
use of force in territorial integrity or political
dependence of the state or any manner of consistent
with the purpose of United Nations.
- Is the right to sovereignty and independence
absolute? No, according to Charles Fredrick
independence freedom from control to other state
and not freedom from restrictions that are not binding
upon all states. Pertains to freedom from control by
other state however insofar as the restrictions that
may be imposed that binding upon all states.
3. Right to equality
- attribute of the state, every state is entitled for the
same protection and respect as are available to other
states under the rule of international law
- Recognized by UN charter, article 2
- According United nations general assembly, all
members each state is only given only 1 vote each (1
vote per state)
- base on principle para perem
4. Right to legation or diplomatic discourse
- it is the right of state to maintain diplomatic relations
to other state.
- two types of: right of legation, active right and
passive right pertains to received.
- offshoot of recognition,
- based on purely act of state,
- agents of diplomatic intercourse; head of state as a
chief foreign policy maker it is necessary that he is
main agent. Second alter ego of the president foreign
secretary,
Secretary of department of foreign affair: Enrique A.
Manalo

General functions: represent the sending state to

receiving state.

1. Representation

2. Protection of the sending state to receiving state

particularly its national

3. Negotiate to the government of the receiving state

all matter that may be interest to sending state

4. Promote friendly relations to develop their

economic, cultural and scientific relation

5. Repetorial functions of the diplomatic service.

5. Right to territory and jurisdiction