ILawlecture04（双课国际法课件04）.pptVIP

States and International Law(part II) contents Basic rights and duties of states Independence Equality self-protection Peaceful co-existence Jurisdiction and immunity of jurisdiction Inter-states Relations recognition 1.1 Independence Means of independence the capacity of a state to provide for its own well-being and development free from the domination of other states, providing it does not impair or violate their legitimate rights. 1.1 Independence Unless a state is formally forced to submit to the demands of a superior state it can be considered as independent despite its political or economic dependence upon other states. Any treaty obligations or customary rules of international law are not to deprive the independent status of a state. 1.1 Independence 2. Rights and duties of independent states Concerning the rights and duties of an independent state it is commonly accepted that those are integral elements of a truly independent state, including: (a) the right of a state to exercise jurisdiction over its territory and permanent population; (b) to engage upon an act of self-defense in certain situation (c) not to intervene in the internal affairs of other sovereign states; (d) not to enforce its laws in the territory of another state. 1.2 Equality All states have the equal rights in international law. Competence (or legal capacity) is equal for every states. Super powers burden special duties. Weak states share special careness News world political economic order 1.3 Self-protection 1.Right of self-defense of states In international law there are no rules, other than such rules as may be accepted by the state concerned, by treaty or otherwise, hereby the level of armaments of a sovereign state can be limited, and this principle is valid for all states without exception. 1.3 Self-protection 2. Collective security guarantee of states 3. Equilibrium of armaments Bi-polar , triangle stability and multi-p