THE UNITED NATIONS Symbol of mans undismayed determination to establish for all nations as a rule of law that would

d forever banish the terrible holocaust of war in the solution of international disputes. U.N. Charter Consist of III articles beside the Preamble and concluding provisions. Includes the state of International Curt of Justice which is annexed to and made an integral part of it. May be considered a treaty because it derives its binding force from the agreement of the parties to it. May be regarded as a constitution in so far as it provides for the organization and operations of the U.N. and for the adoption of any change in its provisions through a formal process of amendment. Intended to apply not only to the members of the organization but also to nonmember states so far as many be necessary for the maintenance of international peace and security.

UNITED NATIONS An international organization created at the SAN FRANCISCO CONFERENCE which was held in the U.S. from APRIL 25- JUNE 26, 1945. Succeeded the LEAGUE OF NATIONS. Governed by charter which came into force on OCTOBER 24, 1945. Composed originally of only 51 members.

PURPOSES of U.N. Article 1 of its Charter 1. to maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression and other breaches of peace, and to bring about by peaceful means, and inconformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace; 2. to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measure to strengthen universal peace; 3. to achieve international cooperation in solving problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for

human rights for fundamental freedoms for all without distinction as to race, sex or religion; and, 4. to be a center for harmonizing the actions of nations in the attainment of these common ends. Article 2 of the U.N Charter Principles: 1. The Organization is based on the sovereign equality of all its members. 2. All members in order to insure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the charter. 3. All members shall settle their international disputes by peaceful means in such manner that international peace and security, and justice, are not endangered. 4. All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any manner inconsistent with the purposes of the U.N. 5. All members shall give the U.N. every assistance in any action it takes in accordance with the charter, and shall refrain from giving assistance to any state against which the U.N. is taking preventive or enforcement action. 6. The Organization shall insure that states which are not members of the U.N. shall act in accordance with these principles so far as many be necessary peace and security. 7. Nothing contained in the present charter shall authorize the U.N. to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the members to submit such matters to settlement under the charter, but this principle shall not prejudice the application of enforcement under chapter 7.

CONCEPT OF THE STATE Creation of the State An entity requiring the 4 essential elements of people, territory, government and sovereignty is regarded in law as having achieved the status of a state and may, therefore, be treated as an international person. The generally accepted methods by which this status is required are revolution, unification, secession, assertion of independence, agreement and attainment of civilization.

Principle of State Continuity As Fenwick put it, once its identity as an international person has been fixed and its position in the international community established, the state continues to be

the same corporate person whatever changes may take place in its international operation and government. Extinction of the State It is error to suppose that a state is immortal, for the fact is that it is possible for it to be extinguished, or die in a legal sense. A radical impairment or actual loss of one or more of essential elements of the state will result in its extinction.

Succession of State Take place when one state assumes the rights and some of the obligations of another because of certain changes in the condition of the latter. 2 kinds of Succession State. 1. Universal- when a state is annexed to another state to form a new state. The international state is completely absorbed by the successor. 2. Partial- when a portion of a territory of a state secedes or is ceded to another or when an independent state becomes a protectorate or a suzerainty or when a dependent state acquires full sovereignty. Succession of Governments One government replaces another either peacefully or by violent methods. The integrity of the state is not affected; the state continues as the same international person except only the its lawful representatives is changed. It is well settled that as far as the rights of the predecessor government are concerned, they are inherited in toto by the successor government. The rule is that where the new government was organized by virtue of a constitutional reform duly ratified in a plebiscite, the obligations of the replaced government are also completely assumed by the former.

RECOGNITION Even if an entity has already acquired the elements of international personality, it is not for this reason alone automatically entitled to membership in the family of nations. Its admission thereto is dependent on the acknowledgement of its status by those already within the fold and their willingness to enter into relations with it as a subject of international law.

Object of Recognition

Recognition may be extended to a state, to a government, or to a belligerent community. Recognition of a state is generally held to be irrevocable and imports the recognition of its government. Recognition of a government, on the other hand, may be withdrawn and does not state as the government may be that of a mere colony.

Kinds of Recognition: 1. Implied- recognizing state enters into official intercourse with the new member by exchanging diplomatic representatives with it concluding with it a bipartite treaty dealing comprehensively with their relations in general or, as suggested by some writers, acknowledging its flag or otherwise entering into formal relations with it. 2. Express- may be verbal or in writing. May be extended through a formal proclamation or announcement, stipulation in a treaty, a letter or telegram, or on the occasion of an official call or conference. The act of constituting recognition shall give a clear indication of an intention: 1. to treat with the new state as such; or 2. to accept the new government as having authority to represent the state it purports to govern and to maintain diplomatic relations with it; or, 3. to recognize in the case of insurgents that they are entitled to exercise belligerent rights. RECOGNITION OF STATES free act by which one or more states acknowledge the existence on a definite territory of a human society politically organized, independent of any other existing state, and capable of observing the obligations of international law, and by which they manifest therefore their intention to consider it a member of the international community.

RECOGNITION OF GOVERNMENTS free act by which one or several states acknowledge that a person or a group of persons are capable of binding the state which they claim to represent and witness their intention to enter into relations with them. 3 kinds of de facto governments 1. that which established by the inhabitants who rise in revolt against and depose the legitimate regime. 2. that which is established in the course of war by the invading forces of one belligerent in the territory of the other belligerent, the government of which is also displaced. 3. that which is established by the inhabitants of a state who secede, therefrom without overthrowing its government.

TOBAR or WILSON PRINCIPLE expressed in a treaty of the Central American Republics in 1907 at the suggestion of Foreign Minister Tobar of Ecuador and reiterated in 1913 by President Woodrow Wilson of the U.S. recognition shall not be extended to any government established by revolution civil war, coup d etat or other forms of internal violence until the freely elected representatives of the people have organized a constitutional government.

STIMSON PRINCIPLE formulated by U.S. Secretary of State Stimson, it was subsequently adopted by the League of Nations in a resolution declaring that it was incumbent upon the members of the League of Nations not to recognize any situation, treaty or agreement which may be brought about by means contrary to the covenant of the League of Nations or to the Pact of Paris. 2 kinds of recognition de jure 1. relatively permanent 2. vests title in the government to its properties abroad. 3. bring about full diplomatic relations Consequences of the recognition of states and governments 1. full diplomatic relations are established except where the government recognized is de facto. 2. Recognized state or government acquires the right to sue in the courts of recognizing state. 3. Recognized state or government has a right to the possession of the properties of its predecessor in the territory of recognizing state. 4. All acts of the recognized state or government are validated retroactively, preventing the recognizing state from passing upon their legality in its own courts. RECOGNITION OF BELLIGERENCY Exist when the inhabitants of a state rise up in arms for the purpose of overthrowing the legitimate government. When the conflict widens and aggravates, it may be necessary, for practical reasons, to consider the formal recognition of the belligerent community. de facto provisional does not limited to certain juridical relations.

1. 2. 3. 4.

Recognition is usually extended only where the following conditions are established: there must be an organized civil government directing the revel forces. rebels must occupy a substantial portion of the territory of the state. conflict between the legitimate government and the rebels must be serious, making the outcome uncertain. rebels must be willing and able to observe the law of war.

Consequences of Recognition of Belligerency Belligerent community is considered a separate state for purposes of the conflict it is waging against the legitimate government. Their relations with each other shall, thenceforth and for the duration of the hostilities, be governed by the law of war, and their relations with other states shall be subject to the laws of neutrality.

RIGHT OF EXISTENCE AND SELF-DEFENSE Considered the most comprehensive of the attributes of the state because all its other rights are supposed to flow or be derived from it.

Requisites of Right Article 51, Charter of U.N. Presence of an armed attack to justify the exercise of the right of self-defense suggests that forcible measures may be taken by a state only in the face of a necessity of self-defense, instant overwhelming and leaving no choice of means and moment for deliberation. The right may be resorted to only upon a clear showing of a grave and actual danger to the security of the state, and furthermore, the self-defensive measures must be limited by the necessity and kept clearly within it.

Regional Arrangements Collective self-defense is recognized not only in Article 51 of the charter of the U.N. out also impliedly in article VII on Regional Arrangements.

Balance of Power One reason for the organization of regional arrangement is to provide for the balance of power, which Vattel described as an arrangement of affairs so that no state shall be in a position to have absolute mastery and dominion over others.

THE RIGHT OF INDEPENDENCE Sovereignty is the supreme, uncontrollable power inherent in a state by which the state is governed. 2 aspects: 1. Internal- power of the state to direct its domestic affairs, as when it establishes its government, enact laws for observance with in its territory, or adopts economic policies. 2. External- freedom of state to control its own foreign affairs, as when its concludes treaties, makes war or peace, and maintains diplomatic and commercial relations. Often referred to as independence. Ideal of Independence Right to independence- is a natural aspiration of peoples that has albeit only lately, received international recognition

Nature of Independence Independence cannot be regarded as importing absolute freedom, for the simple reason, that it only means freedom from control by any other state or group of states and not freedom from the restrictions that are binding or all states forming the family of nations.

Intervention An act by which a state interferes with the domestic or foreign affairs of another state or states through the employment of force or threat of force. The state must abstain from intervention. Even as it expects its independence to be respected by other states, so too must it be prepared to respect their own independence. The right of independence carries with it, be necessary implication, the correlation duty of non-intervention. Intervention is not sanctioned in international relations except only when it is exercised as an act of self-defense or when it is decreased by the Security council as a preventive or enforcement action for the maintenance of international peace and security.

Drago Doctrine In 1902, Great Britain, Italy and Germany established a blockade against Venenzuela in order to force it to comply with certain contractual and other obligations acting the blockading powers, this action was the subject of universal dissaprobation and led to the formulation by the foreign Minister of Argentina of what is now popularly known as the Drago Doctrine.