diplomacy

1. CENTRE FOR FOREIGN RELATIONS
DEPARTMENT OF ECONOMIC DIPLOMACY
POSTGRADUATE IN MANAGEMENT OF FOREIGN RELATIONS
PUBLIC INTERNATIONAL LAW
PRESENTATION
LECTURER’S NAME MR. NDITI
STUDENT’S NAMES REGISTRATION NUMBER:
MWANA ANDRE NGOIE CFR/PGD/MFR/036/2019
ADRIAN PIUS NJAU CFR/PGD/MFR/036/2020
SUZANE VICTOR SYLVESTER CFR/PGD/MFR/012/2020
SEKI KASUGA CFR/PGD/MFR/
JOSEPH MHAIKI CFR/PGD/MFR/038/2020

2. Question: Discuss Principles governing relations between states.
According to Montevideo Convention on Rights and Duties of States enacted on 1933, came into
force on 1934, Article 1 explains that the state as a person of international law should possess the
following qualifications; a permanent population, a defined territory, government and capacity to
enter into relations with other states. The political existence of the state is independent of
recognition by the other states. Even before recognition the state has the right to defend its
integrity and independence, to provide for its conservation and prosperity, and consequently to
organize itself as it sees fit, to legislate upon its interests, administer its services, and to define
the jurisdiction and competence of its courts, the exercise of the rights of other states according
to International law. (Montevideo Convention, 1933)
There are mentioned common characteristics to all fundamental principles of international law
or governing states which include 1. Universal scope 2. Enshrined in general rules regulating
conduct of the States in international relations 3. Are not addressed to States solely* – are biding also
to other international legal subjects (international organizations, insurgents, belligerents, liberation
movements) 4. are legally binding to all members of the international community, which are entitled
to exact their observance – • any relevant international subject can claim compliance by any other
subject, whether or not non-compliance has damaged the former subject • e.g. any State can demand
respectfor the ban of the use of force by any other State – incase of violation it is entitled to insist on
its cessation or demand reparation 5. Belong to category of ius cogens norms* peremptory norms -
rules and principles accepted by the international community as standards from which no derogation
is permitted 6. Rely heavily for their implementation and enforcement on the United Nations
According to the Principles governing International Relations of the 1950 United Nations on
Friendly relations (Resolution 2625 (xxv)) explains that, The principle that States shall refrain in
their international relations from the threat or use of force against the territorial integrity or

3. political independence of any State or in any other manner inconsistent with the purposes of the
United Nations.
Charter of the United Nations – Latest update March, 2021.
Chapter I — Purposes and Principles
Article 1
“The Purposes of the United Nations are:
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 or other breaches of the peace, and to bring about by peaceful means, and in
conformity 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 measures to strengthen universal
peace;
3. To achieve international cooperation in solving international problems of an economic, social,
cultural, or humanitarian character, and in promoting and encouraging respect for human rights
and for fundamental freedoms for all without distinction as to race, sex, language, or religion;
and
4. To be a centre for harmonizing the actions of nations in the attainment of these common ends
The principles governing the states in the international relations are collectively fall under
Freedom, Equality and Effectiveness in international relation between states.
Article 2(1)–(5) of the UN Charter
“The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in
accordance with the following Principles.
1. The Organization is based on the principle of the sovereign equality of all its Members.
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.

4. 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.
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.
6. The Organization shall ensure that states which are not Members of the United Nations act in
accordance with these Principles so far as may be necessary for the maintenance of international
peace and security
7. Nothing contained in the present Charter shall authorize the United Nations 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 present Charter; but this principle shall
not prejudice the application of enforcement measures under Chapter VII.
Marta Statkiewics - Department of International and European law in University of Wroclaw has
pin down six (6) main principles that govern international relations between states.
Sovereign Equality of States: - the principle that all states are equal before the law and
domestic behavior towards citizens and residents is of no business to other states, has long been
the respectable foundation of international law. Sovereign equality as a concept that grounds the
rights of states is a product of the modern natural rights tradition (Anthony, 2005).
The late 18th century Swiss scholar Emer de Vattel explained the legal principle in clear terms:
‘A Nation is however; free to act as it pleases, there is no higher authority, no world legislator, to
determine what is right. All states are equal and determine the law for themselves. Sovereign
equality has come to underpin the ‘anarchical society of states’, the legal and moral status of the
main global actors and the international relations that come with it. It underpins what many have
called the Westphalian order. (Nijman, 2013)

5. Non-intervention in the internal or external affairs of other States:- The non-intervention
rule is a principle of international law that restricts the ability of outside nations to interfere with
the internal affairs of another nation. At its core, the principle is a corollary to the right of
territorial sovereignty possessed by each nation. The exact scope of the non-intervention
principle, however, is often debated. For example, the duty of non-intervention could be
understood to prevent all outside military intervention, yet there are historical examples of such
action that are generally considered “legal” interventions (such as humanitarian intervention).
(Dubay, 2014).
Similarly, the understanding of what constitutes “intervention” has many gray areas, including
whether it includes only the threat of military force, or whether economic sanctions, cyber
warfare or other kinds of non-military intervention would fall within the rule. Understanding of
what constitutes “intervention” has many gray areas, including whether it includes only the threat
of military force, or whether economic sanctions, cyber warfare or other kinds of non-military
intervention would fall within the rule. (Dubay, 2014).
Prohibition of treat or use of Force:- Recent events have awaken the memory of this question,
“who killed Article 2 (4)?” On 14 April 2018, the United States, along with France and Britain,
launched an air strike against Syrian targets. It would be decidedly too complimentary to claim
that the US government made a serious attempt to justify its use of force under international law
in its statement in the UN Security Council. Nor do the laconic factual assertions in the letter
from the Turkish government to the President of the UN Security Council regarding its military
operation in Kurdish-controlled areas of Syria, which commenced in 2018, give the impression
that Turkey placed any significant emphasis on the prohibition of the use of force in its
deployment decision. (Kress, 2019)
It is deeply disturbing that so few years after Russia’s flagrant violation of the prohibition of the
use of force in Crimea, two members of NATO apparently felt no real need to justify their use of
force under international law. It is also shocking that on 25 March this year, the United States
recognized Israel’s annexation of the Golan Heights. It is noteworthy, however, that the criminal
sanction of State leaders for aggression is linked to the central condition that the use of force by
persons in such positions manifestly violate the prohibition of the use of force. (Ibid)

6. The highlighted threshold requirement suggests that the current situation of the prohibition of the
use of force is not only politically sensitive but also legally complex; at any rate much more
complex than it may appear from a quick reading of the relevant provisions of the UN Charter. In
fact, there has been considerable controversy over the scope of the prohibition of the use of force
for as long as this norm has existed (Ibid)
Peaceful settlement of disputes:- The United Nations Charter Chapter VI elaborates on Pacific
Settlement of Disputes. It says, and I quote “The parties to any dispute, the continuance of which
is likely to endanger the maintenance of international peace and security, shall, first of all, seek a
solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to
regional agencies or arrangements, or other peaceful means of their own choice. The Security
Council shall, when it deems necessary, call upon the parties to settle their dispute by such
means.”
Among the principles governing relations between States is peaceful settlement of disputes that
considers any procedures for the settlement that either the parties in a conflict had adopted or
under the law as per the United Nations’ Charter Chapter VI have described.
Respect for human rights:- on the principle of respect of human rights inherent to all human
beings, whatever our nationality, place of residence, sex, national or ethnic origin, color, religion,
language, or any other status. We are all equally entitled to our human rights without
discrimination. These rights are all interrelated, interdependent and indivisible. The principles
are: Universal and inalienable, Interdependent and indivisible, Equal and non-discriminatory,
and Both Rights and Obligations. States are guided by such principle so as to protect human kind
in any agreement they ratify. (Human Rights commission, 2021)
Self-determination of peoples:- Internationally the principle of self-determination was first
recognized as a general principle through Articles 1(2) and 55of the UN Charter of 1945. Article
1(2) states that one of the raison d’être of the UN is “to develop friendly relations among nations
based on respect for the principle of equal rights and self-determination of peoples”. Article 55
further states that the UN “shall promote” various policies relating to economic and social
conditions and respect for human rights, in favor of achieving the goal set forth in Article 1(2).

7. Through the Charter the principle of self-determination was considerably strengthened. (Zaric,
2013)
The two International Human Right Covenants of 1966: the International Covenant on Civil and
Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural
Rights (ICESCR), also refer to the principle of self-determination. Phrased with the same
wording, Articles 1(1) stipulate that “all peoples have the right of self-determination”, and by
virtue of that right they freely determine their political status and freely pursue their economic,
social and cultural development” (authors italics). Due to the adoption of these two covenants the
notion of self-determination shifted from a legal obligation, in essentially the area of
decolonization, to a universally recognized human right. (Ibid)
The on-going character of the right of self-determination is also reflected in several other
important international instruments, such as the Friendly Relations Declaration of 1970andthe
Helsinki Final Actof 1975. These instruments, among others, confirm that the principle of self-
determination is part of international law and the law of the United Nations. (Ibid)
CONCLUSION
To sum up, there so many principles governing relations between states (International relations),
as have explained above, international treaties, declarations, case laws and diplomatic practice
are the key factors that influence these establishments of International law’s principles which
states use as to protect its citizens, to protect its borders as well as to safeguard the states’
interests. The states have to respect as follow such principles as an act of fulfillment of
obligation in the good faith, and duty of States to co-operate with one another.

8. REFERENCES
 Anthony A. (2005). Imperialism, Sovereignty and the Making of International Law
 Dubay C. A (2014). Principle of Non-Intervention. Charlotte Law School
 Human Rights Commission (2021). Human Rights Principles. Human Rights
Commission. Cayman Islands
 Kress C. (2019). On the Principles of Non-Use of Force in current International Law
 Montevideo Convention on Rights and Duties of States 1933
 Nijman J. (2013). Human Inequality puts sovereign equality to the test. The Broker.
University of Amsterdam
 Principles governing International Relations of the 1950 United Nations on Friendly
relations (Resolution 2625 (xxv))
 United Nations Charter of 1945
 Zaric S. (2013). The Principle Of Self Determination and the Case of Kosovo. Public
International Law, Stockholm University
 Codification Division, Office of Legal Affairs – UN 2021. – Repertory of practice of
United Nations Organs