V.

FUNDAMENTAL DUTIES OF
STATES

Arnold S Julian
V. FUNDAMENTAL DUTIES OF STATES

Article 13 of the Declaration of

Rights and Duties of States adopted by the
International Law Commission in 1949
provides: “Every State has the duty to cany
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.”
V. FUNDAMENTAL DUTIES OF STATES

i. To respect the right of other

states to the territorial
existence and integrity

ii. To carry out in good faith the

treaty obligations and other
sources of international law
i. To respect the right of other states to the territorial existence and integrity

• Sovereignty itself, with its retinue of legal

rights and duties, is founded upon the fact of
territory. Without territory a legal person
cannot be a state.
i. To respect the right of other states to the territorial existence and integrity

• Territorial integrity is the principle under

international law that prohibits states from the
use of force against the "territorial integrity or
political independence" of another state.
ii. To carry out in good faith the treaty obligations and other sources of international law

Principle of Good Faith in International Law

• The nature of good faith as an overarching

legal principle makes it difficult to define in
absolute terms.
• The discussion shall not be an attempt to
define it but rather to describe and exemplify
its place in international law.
ii. To carry out in good faith the treaty obligations and other sources of international law

Good Faith in Sources of Law

• Treaties
• Customary International Law
ii. To carry out in good faith the treaty obligations and other sources of international law

Good Faith in Sources of Law

• Treaties
Trust and confidence are inherent in
international cooperation, in particular in an age
when this cooperation in many fields is
becoming increasingly essential.
ii. To carry out in good faith the treaty obligations and other sources of international law

Good Faith in Sources of Law

• Customary International Law

• The doctrine of good faith as the depositary
of the Reasonable Expectation Doctrine
 THE PROFESSIONAL TEMPLATE

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