Rights and Duties of States

Under Public International Law, states enjoy a range of rights essential to their sovereignty and bear corresponding duties that promote international peace, security, and cooperation.

1. Core Rights of States

• Sovereign Equality: Every state has equal legal status regardless of size or power.
• Territorial Integrity and Political Independence: The right to maintain recognized borders and choose its political, economic, social, and cultural systems.
• Self‑Preservation: The right to defend itself against external aggression, subject to the UN Charter.
• Self‑Determination: Peoples within a state may freely determine their political status and pursue development.
• Jurisdiction: Authority over persons, property, and events within its territory (territorial jurisdiction) and, in limited cases, over its nationals abroad (personal jurisdiction).
• Diplomatic Relations: The right to send and receive diplomatic and consular missions.
• Treaty‑Making Capacity: Freedom to conclude international agreements and be bound by them.
• Access to International Courts: Ability to bring claims before tribunals such as the International Court of Justice (ICJ).

2. Fundamental Duties of States

1. Pacta Sunt Servanda: Perform treaty obligations in good faith.
2. Non‑Intervention: Refrain from intervening in the domestic affairs of other states.
3. Prohibition on the Use of Force: Abstain from threats or use of force against the territorial integrity or political independence of any state (UN Charter, Art. 2(4)).
4. Peaceful Settlement of Disputes: Resolve conflicts through negotiation, mediation, arbitration, or adjudication.
5. Respect for Human Rights: Protect and fulfill fundamental human rights of individuals within their jurisdiction.
6. Co‑operation: Collaborate to address global issues such as climate change, health crises, and transnational crime.
7. Environmental Protection: Prevent significant transboundary harm and conserve shared natural resources.
8. Responsibility Not to Recognize Serious Breaches: Avoid supporting situations created by aggression or serious violations of international law.

3. Correlation Between Rights and Duties

State rights and duties are reciprocal: enjoyment of rights is contingent upon respect for the rights of others. For example, the right to territorial integrity implies a duty to respect the territorial integrity of neighboring states.

4. Conclusion

The balance of rights and duties underpins international order. While sovereignty grants wide autonomy, corresponding duties ensure that state actions align with collective interests and legal norms established by the international community.

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Published by Pavan Law Chambers | Public International Law Series