Rights and Duties of State

Introduction

• Certain rights are inherent in every

nature of state.

• Such rights are the fundamental rights of

the states accrued to the states from the
general agreement of the international
community
 Rights
• Some of the rights of the states
– Right of existence
– Right of self-preservation
– Right of equality
– Right of independence
– Right of territorial supremacy
– Right of holding and acquiring territory
– Right of relationship
– Right to good name and reputation
• These right do not arise from treaties but
which the state customarily enjoy.
• These rights are which the states grant and
receive reciprocally as members of the
community of nations.
• But according to positivist theorist the
rights have risen only from customs and
treaties. The rights and duties are those
recognized by community of nations
• Sovereignty and independence of states
• Equality of states
• Territorial jurisdiction
• Right to self defence and self preservation
• Right of each state to develop its cultural,
political and economic life freely and
naturally.
• Power to control its own domestic affairs
• Power to admit to expel aliens
• Privileges and immunities of diplomatic
envoys in other state
• Exercise of exclusive jurisdiction over
crimes committed within the territory
 Duties
• Duty not to resort to war
• Duty to fulfil treaty obligations in good
faith
• Duty of non-intervention
• Duty to respect the rights enjoyed by every
other state in accordance with international
law
 Friendly relations and Co-
operation among states
• The GA of the United Nations in 1970
adopted a Declaration on Principles of
International Law concerning friendly
relations and co-operation among states.
• Some of the principles contained in the
declaration are as follows:
– States to refrain from the threat or use of force
against the territorial integrity or political
independence of any State
– States to settle their international disputes by
peaceful means in such a manner that
international peace, security and justice are not
endangered.
– The duty not to intervene in matters within the
domestic jurisdiction of any state in accordance
with the UN charter.
– Duty of states to co-operate with one another
in accordance with the UN Charter
– Equal rights and self determination of people
– Sovereign equality of states
– States shall fulfill in good faith the obligations
assumed by them in accordance with the
charter