CHAPTER 9

THE RIGHT OF EQUALITY

Presented By: Junnah Montilla

RF: International Law, 2003 Edition
A: Associate Justice Isagani A. Cruz
 THE RIGHT OF EQUALITY
Article 2 of the Charter of the United Nations announced that;
the organization is based on the principle of the sovereign
equality of all its members. (RF: Chapter 1 Purposes and
Principles) *i
Other principles under Chapter 1, Article 2 of the Charter of
the United Nations include:
2. All Members, in order to ensure to all of them the rights and
benefits resulting from membership, shall fulfil in good faith the
obligations assumed by them in accordance with the present
Charter.
3. All Members shall settle their international disputes by
peaceful means in such a manner that international peace
and security, and justice, are not endangered.
i. International Law, Isagani Cruz, 2003 ed; p. 106 ** principles p. 52
 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 other
manner inconsistent with the Purposes of the United Nations.
5. All Members shall give the United Nations every assistance
in any action it takes in accordance with the present
Charter, and shall refrain from giving assistance to any state
against which the United Nations is taking preventive or
enforcement action. *ii
ii. Codification Division, Office of Legal Affairs, United Nations 2017
 WHAT IS THE MONTEVIDEO
CONVENTION?
The Montevideo Convention on the Rights and Duties of
States is a treaty signed at Montevideo, Uruguay, on
December 26, 1933, during the Seventh International
Conference of American States.
The convention became operative on December 26,
1934. It was registered in League of Nations Treaty
Series on January 8, 1936. *iii

iii. "A-40: Convention on Rights and Duties of States". Organization of American States.
THE STATES THAT HAVE RATIFIED THE MONTEVIDEO
CONVENTION
 The convention sets out the definition, rights and duties of
statehood. Most well-known is article 1, which sets out the four
criteria for statehood that have been recognized by
international organizations as an accurate statement
of customary international law:
The state as a person of international law should possess the
following qualifications: (a) a permanent population; (b) a
defined territory; (c) government; and (d) capacity to enter
into relations with the other states. *iv

iv. A-40: Convention on Rights and Duties of States". Organization of American States
 ESSENCE OF EQUALITY
As understood in International Law, equality
among states does not signify parity in physical
power, political influence, or economic status or
prestige.
Yet, this is impossible. Why?
Equality does not even require equality in the
number of rights since it is possible for one state
to be vested with more rights than the other.
 ALL STATES BIG OR SMALL, THE
POWERFUL AS WELL AS THE WEAK,
HAVE AN EQUAL RIGHT TO THE
ENJOYMENT OF ALL THEIR
RESPECTIVE ATTRIBUTES AS MEMBERS
OF THE FAMILY OF NATIONS. *v
v. International Law, Isagani Cruz, 2003 ed; p. 107
 All members of the United Nations have each one
vote in the General Assembly, all votes having equal
weight, and are generally eligible for positions in the
various organs of the UN.

Every state has its rights. *vi.

vi. International Law, Isagani Cruz, 2003 ed; p. 107

 RULE OF PAR IN PAREM NON HABET
IMPERIUM
In public international law, the principle that one sovereign
power cannot exercise jurisdiction over another sovereign
power. It is the basis of the act of state doctrine and
sovereign immunity. *vii
even the strongest state, no matter how weak, or question
the validity of its acts in so far as they are made to effect
within its own territory.
All states, including the smallest and least influential, are also
entitled to their dignity and the protection of their honour
and reputation.
vii. www.oxfordreference.com/view/10.1093/oi/authority.20110803100306400
 LEGAL EQUALITY V. FACTUAL INEQUALITY
It is apparent that absolute equality among states is still a
distant and well nigh impossible aspiration.

Under the charter of the United Nations, for example, non-

procedural questions are decided by the Security Council
only with the concurrence of the Big Five, (United States,
Britain, France, China and Russia) ; any of which may defeat
a proposal through the exercise of the veto. viii. *** Thalif Deens Article

viii. http://www.sundaytimes.lk/120527/Timestwo/int05.html
Copyright 1996 - 2012 | Wijeya Newspapers Ltd.Colombo. Sri Lanka. ARR.
 This same group of states is entitled to permanent
membership in the organ, in contrast with all the other
members, which are elected for a term of only 2 years and
are not even eligible for immediate re-election.
Not all states have equal eligibility.
Five of them must be elected from the African and Asian
states and only one can come from the Eastern European
States. **p.62
 Proposition: all states, regardless of their relative prestige
and power in the international community, must be equal in
the enjoyment of whatever rights they may be entitled to.

But this rule of equality itself sometimes poses serious

questions of inequality. *ix

ix. International Law, Isagani Cruz, 2003 ed; p. 108