Session 1 Flashcards
What does sovereign equality entail?
Non-intervention, respect for territorial integrity, permanent sovereignty over natural resources, immunities of State’s Leaders and members of government in foreign States.
Define sovereign equality
- States are subject only to international law
- States gave an identic international legal personality = is expressed by the maximum of competences an entity can possess on the international level, the same capacity to act, to obtain rights, and assume obligations.
- The same rights and obligations within the conditions posed by international law.
Equal participation in the creation of international law:
Define state sovereignty
State sovereignty: in the international order, it is a characteristic of the state is not subject to any other power of the same nature.
Define pacta sunt servanca
Broader sense: States shall fulfill in good faith their international obligation -> to comply with all public international law.
Narrow sense: In good faith : according to the treaty’s letter and spirit (Art 26. Vienna Convention on the Law of Treaties)
Define the prohibition to use force
Prohibition to threat and use of force, armed force and indirect use of force; respect of territorial integrity and political independence.
What are the exception?
Under article 2(4)
- Right of self defence
- Approval of the UNSC
- Humanitarian intervention
Define peaceful settlement of disputes
Article 2.3
Necessary correlation of the prohibition the prohibition to use force, force is excluded from the solution of disputes, disputes must be settled peacefully.
Define international cooperation
Duty of a State to cooperate with one another (regardless political, economic and social systems) In compliance with principles of sovereign equality and non-intervention
Define the non intervention principle
States cannot intervene in internal nor external affairs of another state.
But controversies regarding devoir d’ingérence.
Define self determination
Internal self determination : Internal self-determination is the right of the people of a state to govern themselves without outside interference
External self determination : External self-determination is the right of peoples to determine their own political status and to be free of alien domination, including formation of their own independent state.