Fundamental Rights of States

1.) Existence and Self-preservation

Under Art. 51 of the UN Charter every state has the right to individual and collective self-defense (such as through mutual defense agreements.) This right can only be invoked when there is an actual and serious event. The Security Council will also have to determine if an act of aggression actually takes place.

An act of aggression, one state using force against another, is prima facie evidenced when one state fires the “first shot” against another. Aggression, whatever the cause, is a crime against international peace and all states have the right to repel it.

2.) Sovereignty and Independence

Sovereignty is the sum total of the powers, privileges of a state. It is not dependent on another state's consent. Independence is the right to participate in foreign relations without outside control. It is a natural, but not absolute, right. It can be limited by treaty stipulations, international agreements and membership rules in international organizations.

Intervention, where a state interferes with the foreign or domestic affairs of another state (which can include political and economic sanctions) is not allowed (Drago Doctrine) -except as a form of self-defense or with UN authorization. Even the UN can't intervene in the domestic affairs of a state unless necessary to prevent threats to peace or acts of aggression.

3.) Equality

All states are equal. Each state is entitled to only 1 vote in the UN General Assembly. But this is not the case in the voting in the Security Council.

All states must respect one another's independence and no state can interfere in the domestic affairs of another state (act of state doctrine.) Official acts within the territory one state can't be questioned by other states and conflict between states because of these acts must be resolved by agreement. Official acts are those acts which an office of government can perform within its mandate.

When the Philippine Government sued the Marcoses, the Marcoses put up the defense that the acts that took place during the Martial Law years were acts of state. This was overruled by the US Court of Appeals on the ground that torture and disappearances were not within the official limits of presidential power.

As a result of equality, a state also enjoys immunity from another states powers. This is the source of diplomatic immunity, which also covers the property of a state located in the territory of other states (par in parem non habet imperium.) It also covers diplomatic personnel of the UN and other international bodies.

Diplomatic immunity, however, is restricted only to official acts of the state and can't be invoked for private or proprietary acts. This immunity is lost if a state files a case in the courts of another state.

When the government of one country enters into a contract with a private citizen of another country, the purpose of the contract determines whether or not diplomatic immunity can be invoked. If the contractor was hired to do something which forms part of the official acts of the state (jus imperii) diplomatic immunity can be invoked. If the contract was for something not included in the official acts (jus gestionis) then diplomatic immunity can be overruled.

Immunity can be waived by a state in any of the following instances: if it indicates that it will consent to the filing of suit either by law or regulation at the time the complaint appeared; tries to resolve the case before invoking diplomatic immunity; or gives its consent by a treaty or contract.