Friday, February 7, 2020
State Sovereignty and Lawful Intervention Essay
State Sovereignty and Lawful Intervention - Essay Example International law emphasizes on the duties and responsibilities of states, in the conduct of their international relations with other states. There is a duty ââ¬Å"to refrain from intervention or the dictatorial interference by a State in the affairs of another State for the purpose of maintaining or altering the actual condition of thingsâ⬠(Coquia and Santiago 115). Intervention is basically illegal under international law as it violates the sovereignty of a state (Coquia and Santiago 459) and affects the independence, the international personality, the territorial supremacy and even the existence of a state (Coquia and Santiago 115). However, there are instances where intervention is lawful based on ââ¬Å"existing legal restrictions upon the independence or territorial or personal supremacy of the State intervened withâ⬠(Coquia and Santiago 116). Among the reasons which have been cited for state intervention are the following: intervention as a self-defense, for humanitarian reasons and finally for abatement. Self-Defense A State may intervene for its preservation or self-defense against armed attack provided that there exists an immediate danger of attack. It is important therefore to determine whether there exists an immediate danger of an armed attack or not. Thus the exercise or the use of force in self-defense would be justified under international law provided that the need for such force was ââ¬Å"instant, overwhelming, immediate and that there was no viable alternative action which could be takenââ¬
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