GENERAL PRINCIPLES OF INTERNATIONAL LAW

STATE, NATIONALITY, STATELESSNESS

Objective:
• Define what is Principle and International Law
• Determine what are these Principles of
International Law
• Discuss and understand the basis and principle of
international law
• Define what is State, Nationality, and
Statelessness.
What is principles?
• A basic truth or theory, an idea that forms
the basis or beliefs of something.
• A law or fact of nature that explains how
something works or happen.
• In law it is a rule that has to be or usually
followed.
What is International law?
• It is the body of rules that
govern relations between states,
functioning of international
institutions/organization and
rights and duties of individuals.
• It is a system of treaties and agreement between
nations that governs how nations interact with other
nations, citizens of other nations and business of
other nations.
• The main role of international law is to promote a
Peace and prosperity.
SEVEN PRINCIPLES OF INTERNATIONAL LAW
1. Non – use of force 6. Sovereign equality
2. Peaceful settlement of disputes 7. Good Faith
3. Non intervention
4. Cooperation
5. Self determination
1.Non – use of force
• International law principles embodied in
customary international law as well as the
United Nations charter which generally
forbids the use of force by one nations
against another territorial or political
integrity .
2. Peaceful settlement of disputes
• Peaceful settlement of international disputes
is a fundamental principle of international
law of apremptory character.
• It is formulated in the UN charter ( article
2.3)- principles of international law
concerning friendly relations and co –
operation among states.
3. Non – Intervention
• The non – intervention rule is a principle of
international law that restricts the ability of outside
nations to interfere with the internal affairs of
another nation . At its core ,the principle is a
corollary to the right of territorial sovereignty
possessed by each nation.
• A particular state should not intervene either directly
or indirectly in the internal affairs of another state.
4. Co – operation
• The main feature of such international law of
co – operation is the obligation of states to
cooperate with each other.
• Political cooperation often takes place via
treaties which are formally approved
agreements between two states.
5. Self determination
• Is a core principles of international law
arriving customary international law but
also recognized as a general principles of
law.
• Self determination denotes the legal rights
of people to decide Their own destiny in the
International order.
6. Sovereign Equality
• Sovereign equality is the concept in
which every sovereign state possesses
the same legal rights as any other
sovereign state in international law .
7. Good faith ( Bona fides)
• Good faith is one of the fundamental legal
principles, imposing a moral behavioral
standard of honesty, loyalty, and reasonable
to different actors in social relationship .
• The principles of Bona fides / good faith is
applicable in different jurisdiction.
States
– are entities that have rights and
responsibilities under international law and
which have the capacity to maintain. Their
rights by bringing international claims.

.
• Nationality
– a legal bond having as it’s basis of
social fact of attachment, a genuine
connection of existence, interest ,and
sentiments , together with the existence
of reciprocal rights and duties.
Statelessness
• Stateless pertains to the status of having no
nationality as a of being born without
nationality or as a result of loss of nationality.
• Stateless person are often subject to human
rights violations, they may have difficulty in
accessing basic right such as education
healthcare ,employment and freedom of movement.
Refugee
-are nationals of a state, outside of his or
her own state for various reasons.
RIGHTS OF STATES
1.THE RIGHT TO INDEPENDENCE
-Means freedom from control by other state or group
of states.

2. THE RIGHT TO EQUALITY

-The right of equality is under pinned in the doctrine
of equality .all states are equal in international law
despite their size, population wealth, strength and
degree civilization.
3. THE RIGHT TO EXISTENCE AND SELF
DEFENSE

-Provides that a state may take

measures including the use of force as
may be necessary to counteract any
danger to its existence.
4. THE RIGHT TO TERRITORIAL
INTEGRITY AND JURISDICTION

- Encompasses the right of the state to

its terrestrial, maritime and fluvial aerial
and space covered by its territory.
5. THE RIGHT TO LEGATION

- pertains to the right of the state to send

and receive diplomatic missions, which
enables states to carry on friendly
intercourse
4 elements of states

1.Permanent population
- total number of people alive and living
at a given area.
2.Territory
- is a geographic space which is under
the control and sovereignty of the state. It
encompasses land territory which internal
waters and territorial sea , the air space
and the sub soil.
3.Government
- the political system by which a country
or community is administered and
regulated.
4.Capacity to enter relations with other
states
- reflects the interest degree of
independence. Article 3 of the Montivedeo
convention declares that political
statehood is independent of recognition by
other states and the state is not prohibited
from depending itself.
States are created to the following:
1.Discovery and occupation
- Occurs when a territory belonging to any state
is placed the sovereignty of the claiming state.
2. Prescription
- Is when a territory is acquired through
continuous and uninterrupted possessions over
a long period of time.
3. Cession
-Involved the peaceful transfer of territory
from our sovereign as another with the
intention that sovereignty should pass.
4. Accretion
-Is the increase in the land area of the
state , either through natural means or
artificially through human later.
5. Conquest
- The act of defeating an opponent and occupying all
parts of territory does not of itself constitute a basis
of tittle too the land.
- - it give the victor certain rights under international
law as regards, the territory at the right of
belligerent occupation, but the territory remains the
subject of the legal tittle of the ousted sovereign.
THANK YOU!!!