Rights and Duties of Independent State:
A group of people living in an organized manner in an area under a government is called a state.
RIGHTS OF STATES:
The rights and duties of the sovereign state have also
been discussed in international law and in this context, several rules and
regulations have been compiled. When states accept certain restrictions in
mutual relations, rights and duties arise. In short, the rights of one state are called the duties
of another state. The principle of non-interference in each other's internal
and external affairs provides the basis for these rights and duties. In
addition to international law, the duties and rights of states have been
accepted in the charter of United Nations. ( Article No. 2(7). It is recognized
that the League of Nations has no authority to interfere in the internal
affairs of any state, nor the (League of Nations) The United Nations may compel
its members to submit these matters to the United Nations for resolution.
The rights of a sovereign state are as follows:
1:- Right of Internal Policy:
A sovereign state has absolute right over its internal
policy and the settlement of internal affairs. In this sense, a state can make
its own Constitution. It can decide its own foreign policy.
2:- Right of Accession to States:
A sovereign state also has the right to accede to other
states.
3:- Right of the Entry of Foreigners:
A sovereign state has the right to invite foreign
nationals into its state.
4:-Right of the Exclusion of the Foreigners:
A sovereign state has the right to order undesirable
foreigners out of its state.
5:- Right of Diplomatic Immunities:
A state has the right to have diplomatic privileges
recognized by its diplomatic representatives in other states.
6:- Right of Jurisdiction:
The state has the right to have absolute jurisdiction
over crimes committed within its borders.
7:- Right on the Ocean:
The state also has full rights over its territorial sea
and air.
8:- Right of Self-Determination:
A state also has the right that no other state interferes
with its rights.
9:- Security Right:
A state has an absolute right to protect its territory at
any cost.
DUTIES OF STATES:
A sovereign state has the following duties:
1:- Non- Interference:
A sovereign state has a duty not to interfere with the
sovereignty of another state.
2:- No Use of Sovereignty:
A sovereign state has a duty not to exercise the
sovereign power of another state.
3:- Territorial Sovereignty:
It is the duty of the state not to exercise the
independence and territorial authority of other states and to prevent their own
citizens from doing so.
4:- Internal and External Affairs:
It is the duty of any state that it must not interfere in
internal affairs of any other state. Internal interference will happen when the
rebels of a state are supported against the state supreme authority while
external interference is the interference in the external affairs of a state it
will be considered as a form of intrusion. Such an intervention is tantamount
to a declaration of war.
5:- Nature of Criminal Intervention:
A state has a duty not to intervene in a punitive manner
against another state. This intervention is usually at the end of the war and
it is done by a powerful state against a weak state and it is exemplified by a
treaty on the terms of its choice.
ANALYSIS:
A group of people living under a government in a certain region is called a state. According to International Law the state enjoys numerous rights. The state would have the right to determine its own internal policy and internal affairs.
Similarly, a state has the right of accession. States
have the right to invite and expel foreign residents into their states. The
state also has full rights over its territorial sea and airspace.
The following duties are expected to be performed by a sovereign
state:
i:- A state should not interfere in the supreme authority
of another state.
ii:- Do not interfere in the internal and external
affairs of any state.
iii:- not to intervene of a punitive nature against any
other State.
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