GENERAL RIGHTS AND OBLIGATIONS OF STATES
30. +Existence.+
31. +Independence.+
32. +Equality.+
33. +Jurisdiction.+
34. +Property.+
35. +Intercourse.+
§ 30. Existence
The most comprehensive right of a state is the _right to exist_ as a
sovereign political unity. From this comprehensive right flow the
general rights of _independence_, _equality_, _jurisdiction_,
_property_, and _intercourse_ and the obligations which the exercise of
these rights imply. There are many classifications of the general rights
of states. During the eighteenth century a classification into perfect
and imperfect rights was common. A classification based on the essential
nature of the state as a sovereign political unity, having (1) a right
to existence and (2) from the point of view of international law, having
relations to other states, has been widely followed. The rights based on
the comprehensive right to existence were variously named as essential,
fundamental, primitive, innate, absolute, permanent, etc., while the
rights derived from the practice of states in their mutual relations
were called accidental, derived, secondary, acquired, relative,
contingent, etc. The view now most generally recognized is that from the
single comprehensive right of states _to exist_, all other rights flow,
and all other rights are therefore related, if not directly, at least by
virtue of their common source.
§ 31. Independence
Independence from the point of view of international law is freedom from
external political control. While all states possessing freedom from
external political control may not be admitted to the family of states,
yet in order that a state may be admitted, it is regarded as essential
that it be independent. The recognition of a state carries with it the
recognition of independence. However, from the fact that there are
states in the world having equal rights to independence, it follows that
the field of action of each state is limited by the necessity of respect
for the right of independence belonging to other states.
The recognition of a state presupposes autonomy as an essential for the
existence of a sovereign political unity, and autonomy implies the right
to determine and pursue such lines of action as may be in accord with
its policy.
§ 32. Equality
All states, the existence of which has been recognized by the family of
states, are regarded as possessed of equal rights in political affairs,
so far as legal competence is concerned.
This does not imply an equality of territorial area, population, wealth,
rank, and influence, etc., or that a given state may not voluntarily
limit the exercise of its powers.
§ 33. Jurisdiction
The right of jurisdiction is the right to exercise state authority. The
right of jurisdiction is in general coextensive with the dominion of the
state. It may be "laid down as a general proposition that all persons
and property within the territorial jurisdiction of a sovereign are
amenable to the jurisdiction of himself or his courts; and that the
exceptions to this rule are such only as by common usage and public
policy have been allowed, in order to preserve the peace and harmony of
nations, and to regulate their intercourse in a manner best suited to
their dignity and rights."[89]
§ 34. Property
In international law, as against other states, a given state has the
right of property or domain in the territory and fixtures within its
limits. This right of property is not the right in the old feudal sense,
for in the public law of the state the title of ownership may vest in
the state only in a limited sense as over territory to which none of its
subjects have title, and over such other forms it has ownership in
corporate capacity, as public buildings, forts, arsenals, vessels,
lighthouses, libraries, museums, etc. The right of eminent domain as a
domestic right may also vest in the state. While from the point of view
of international law, a state has the right of property over all
territorial and non-territorial possessions within its limits as against
other states, yet the effect of this right is somewhat modified by the
fact of public or private ownership, particularly as regards the laws of
war, neutrality, and intercourse.
§ 35. Intercourse
In early periods of history intercourse among states was very limited
and sometimes even prohibited. At the present time the necessities of
state existence presuppose, in international law, the recognition of the
right of intercourse in order that state business may be transacted. The
principles upon which this intercourse is carried on are well
established, and form the basis of diplomatic practice.