International Law - Agnostica vs. Reverentia

Issue #1: Whether Reverentia’s encouragement of East Agnostica’s referendum violated Agnostica’s
territorial integrity, the principle of non-intervention, and the United Nations Charter generally.
Stand: Yes. The act of Reverentia constitutes a violation of its duties and obligations under the
international law
Argument: The interference of Reverentia to the governmental functions of Agnostica and its military
presence in the latter’s territory constitutes a direct violation of Agnostica’s sovereignty and territorial
integrity.
Basis:
a. Principle of Sovereign Equality of States
As States, both Agnostica and Reverentia enjoy the benefits of being a part of the International
Community alongside with other States, such membership corresponds with duties and obligations
towards the other members. Article 13 of the United Nations Draft Declaration on Rights and Duties of
States highlights the importance of the duties and obligations of states under the international law.
“Every State has the duty to carry out in good faith its obligations arising from
treaties and other sources of international law, and it may not invoke provisions in
its constitution or its laws as an excuse for failure to perform this duty 1.
One of the primary duties of the states is the observance of Principle of Sovereign Equality of
States. The United Nations Declaration on Friendly Relations and Cooperation among States sums up the
principle, stating that:
All States enjoy sovereign equality. They have equal rights and duties and are
equal members of the international community, notwithstanding differences of an
economic, social, political or other nature 2.
The declaration simply recognizes the equality of each states and the corresponding freedom of
individual states against interference from other states. The UN recognizes it as the duty of each state to
respect the sovereignty of other states; it is codified in article 14 of the Draft Declaration on Rights and
Duties of States:
Every State has the duty to conduct its relations with other States in accordance
with international law and with the principle that the sovereignty of each State is
subject to the supremacy of international law 3
It is the duty of every state to respect the sovereignty of other states as equals. Enshrined in the
Declaration on Friendly Relations and Cooperation among States are the elements of sovereign equality:
1
General Assembly resolution 375/IV, United Nations Draft Declaration on Rights and Duties of States,
A/RES/375/IV (6 December 1949).
2
General Assembly resolution 25/2625, Declaration on Friendly Relations and Cooperation among States,
A/RES/25/2625 (24 October 1970).
3
Ibid
Sovereign equality includes the following elements 4
(a) States are judicially equal;
(b) Each State enjoys the rights inherent in full sovereignty;
(c) Each State has the duty to respect the personality of other States;
(d) The territorial integrity and political independence of the State are inviolable;
(e) Each State has the right freely to choose and develop its political, social,
economic and cultural systems;
(f) Each State has the duty to comply fully and in good faith with its international
obligations and to live in peace with other States.
It is clear from the aforementioned elements of sovereign equality that states must respect the
sovereignty of other states. The act of Reverentia in encouraging East Agnostica’s referendum shows the
disregard of the former towards its duty to respect the personality of other States as part of the
international community. It clearly violated the inviolable element of the principle, the territorial
integrity and political independence of Agnostica.
The UN clearly prohibits interference in any form whether done directly or indirectly against
sovereignty of other states as codified in paragraph 15 of the Declaration on Friendly Relations and
Cooperation among States stating:
No State or group of States has the right to intervene, directly or indirectly, for any
reason whatever, in the internal or external affairs of any other State.
Consequently, armed intervention and all other forms of interference or attempted
threats against the personality of the State or against its political, economic and
cultural elements, are in violation of international law
No State may use or encourage the use of economic political or any other type of
measures to coerce another State in order to obtain from it the subordination of
the exercise of its sovereign rights and to secure from it advantages of any kind.
Also, no State shall organize, assist, foment, finance, incite or tolerate subversive,
terrorist or armed activities directed towards the violent overthrow of the regime
of another State, or interfere in civil strife in another State
The use of force to deprive peoples of their national identity constitutes a violation
of their inalienable rights and of the principle of non-intervention 5
The statements made by President Nuvallus on 9 January 2013 and the resolution passed by the
Reverntian Parliament on January 10, 2013 contravenes with its duties and obligations under the
international law. It is a direct act which aims to divide the country of Agnostica and annex East
Agnostica under the pretence of self-defense.
4
Ibid
5
Ibid
b. Principle of Territorial Integrity
The Principle of Territorial Integrity is one of the Principles that have been levelled as a Jus
Cogens rule6, in which no country may violate such principle. It is enshrined in the Article 2(4) of the U.N.
Charter which states that:
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 7
The principle is essential for the maintenance of peace among nations and the protection of
fundamental interest of the international community. It is a Jus Cogens rule in the manner that a
violation of it constitutes a breach against its obligations and duties among the community of states.
Territorial Integrity is synonymous with political independence and is an inviolable element of a

states’ sovereignty. It is codified in the Declaration on Friendly Relations and Cooperation among States.
The territorial integrity and political independence of the State are inviolable 8
Any interference made by any country is a failure to observe its obligations and duties as cited in
the Article 4 of the UN Draft of Sates Rights and duties. International law protects the territorial integrity
of a state against any form of interference
“The principle of territorial integrity protects the sovereign state against all sorts of violations of its territory. It
renders illegal acts of direct physical effect in the territory of another state as well as sovereign acts that one state
carries out on the territory of another state. The states’ territorial sovereignty is protected against forceful as well
as non-forceful interventions.9
6
Case Concerning Military and Paramilitary Activities In and Against Nicaragua (Nicaragua v. United States of
America); Merits, International Court of Justice (ICJ), 27 June 1986
7
Article 2(4) of the U.N. Charter
8
Ibid
9
Marxsen, C. (2015). Territorial Integrity in International Law . Max-Planck-Institut für ausländisches öffentliches
Recht und Völkerrecht.

International Law - Agnostica vs. Reverentia

Uploaded by

Copyright:

Available Formats

International Law - Agnostica vs. Reverentia

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

International Law - Agnostica vs. Reverentia

Uploaded by

Copyright:

Available Formats

Issue #1: Whether Reverentia’s encouragement of East Agnostica’s referendum violated Agnostica’s

Territorial Integrity is synonymous with political independence and is an inviolable element of a

You might also like