FUNDAMENTAL

RIGHTS OF STATES
BRYAN ALDRICH U. ALBIO
RIGHTS OF STATE:
 Independence and Sovereignty
 Equality
 Jurisdiction
 Individual and Collective Self-Defense
 Legation
• Right to Independence and Sovereignty
 Sovereignty: the totality of the powers, legal
competence, and privileges arising from customary
international law, and not dependent on the
consent of another state.

 Absolute Sovereignty: The jurisdiction of the nation

within its own territory is necessarily exclusive and
absolute. It is susceptible to no limitation not
imposed by itself. Sovereignty is subject to
restrictions and limitations voluntarily agreed by the
State, expressly or impliedly, as a member of the
family of nations.
 Principle of Auto-Limitation (Political Law Bar
Examination 2006,2009)
- The concept of sovereignty as auto-limitation, is the
property of a state-force due to which it has the exclusive
capacity of legal self-determination and self-restriction.

- It is to be admitted that any state may, by its consent,

express or implied, submit to a restriction of its sovereign
rights. There may thus be a curtailment of what otherwise is
a power plenary in character.” (Reagan v. CIR, G.R. No. L-
26379, December 27, 1969)
 Doctrine of Incorporation: the country is bound by
generally accepted principles of international law, which
are considered to be automatically part of our own
laws. A state which has contracted valid international
obligations is bound to make in its legislations such
modifications as may be necessary to ensure the
fulfilment of the obligations undertaken.

The sovereignty of a state therefore cannot in fact and

in reality be considered absolute. Certain limitations enter
into picture: (1)limitations imposed by the very nature of
the membership in the family of nations, and (2) limitations
imposed by treaty stipulations(Tanada vs. Angara, G.R. No.
118295, May 2, 1997)
 Nominal and Residual Sovereignty
- the territorial sovereignty allows portions of its territory
to be occupied by foreign State on the basis of a treaty,
the grantee under the treaty may receive considerable
powers of the territorial sovereign to the possessor for a
particular period.

 Independence: the freedom from control by

another state of group of states and not
freedom from the restrictions that are binding on
all states forming the family of nations; carries
with it by necessary implication the duty of non-
intervention
Two Aspects of the Right to Independence:
1. Internal Independence (Right to Self-Government): the supreme
authority or jurisdiction of the State to control all persons or property
within its territorial domain.
2. External Independence: the supreme power of the State to
determine the relations it desires to maintain with other States
without interference on the part of any third State.
Intervention – it is an act by which a State interferes with the domestic
or foreign affairs of another State through the employment of force or
threat of force which may be political, economic, or physical.
When intervention is authorized:
a. When requested from a fellow states or from the United Nations by
the parties to a dispute or a state beset by rebellion;
b. As an act of Self-Defense;
c. When decreed by the Security Council as a preventive or
enforcement action for the maintenance of international peace
and security;
d. When such action is agreed upon in a treaty.
  Drago Doctrine: intervention is not allowed for the purpose of
making a State pay its public debts.

• Right to Equality
 Doctrine of Equality of States: All States are equal in International
Law despite of their obvious factual inequalities as to size,
population, wealth, strength, or degree of civilization.

• Right to Territorial Integrity and Jurisdiction

 Components of the Territory of a State:
a. Terrestrial
b. Maritime and Fluvial
c. Aerial and Space
• Right to Existence and Self-Defense
- A State may take measures including the use of force as may be
necessary to counteract any danger to its existence (UN Charter, Art. 51)
 Aggression: the use of armed force by a state against the sovereignty,
territorial integrity, or political independence of another state or in any
other manner inconsistent with the Charter of the United Nations as set
out in this definition (UN General Assembly Resolution No. 3314, Art.1)
 Acts of Aggression
a. The invasion or attack by the armed forces of a State of the territory of
another State, or any military occupation, however temporary, resulting
from such invasion or attack, or any annexation by the use of force of
the territory of another State or part thereof,
b. Bombardment by the armed forces of a State against the territory of
another State or the use of any weapons by a State against the territory
of another State;
a. The blockade of the ports or coasts of a State by the armed forces
of another State;
b. An attack by the armed forces of a State on the land, sea or air
forces, or marine and air fleets of another State;
c. The use of armed forces of one State which are within the territory
of another State with the agreement of the receiving State, in
contravention of the conditions provided for in the agreement or
any extension of their presence in such territory beyond the
termination of the agreement;
d. The action of a State in allowing its temtory, which it has placed at
the disposal of another State, to be used by that other State for
perpetrating an act of aggression against a third State;
e. The sending by or on behalf of a State of armed bands, groups,
irregulars or mercenaries, which carry out acts of armed force
against another State of such gravity as to amount to the acts
listed above, or its substantial involvement therein.
 Requisites for Proper Exercise of Right of Self-defense (Bar
Examination 2002,2009):
a. An armed attack occurred against a member of the UN;
b. It must be confined to cases in which the necessity of the self-
defense is instant, overwhelming, and leaving no choice of means,
and no moment for deliberation;
c. Measures taken must be limited by that necessity and kept clearly
within it; and
d. Must give way to measures that may be taken by the Security
Council to maintain international peace and security.

 Collective Self-defense: the right of states to come to

the defense of a state whose situation meets the
condition of legitimate individual self-defense under the
UN Charter.
- The ICJ rejected the justification of collective self-defense
maintained by the United States in connection with the military and
paramilitary activities in and against Nicaragua. Self-defense,
whether individual or collective can only be exercised in response to
an armed attack. There is no rule permitting the exercise of
collective self-defense in the absence of request by the State which
is a victim of an alleged attack. (Nicaragua vs. US, ICJ June 27,
1986)

 Preventive/ Anticipatory Self-defense: the use of foreign anticipation

of an attack is legal if made in good faith depending on the
imminent danger.
• Abatement Doctrine: Legal justification for forceful intervention by
an outside power, or by regional organization, in what are otherwise
considered the internal affairs of a neighbouring community.
• Right to Legation (Right of Diplomatic
Intercourse)
 The right of the State to send and receive diplomatic
missions, which enables State to carry on friendly
intercourse. It is not natural or inherent right, but exist only
by common consent. No legal liability is incurred by
State for refusing to send or receive diplomatic
representative.