This article has been written by Ms. Mahima Chandra, a 2nd year student of Lloyd Law College, Greater Noida
Abstract: –
Over the decades, the idea that a state’s existence shouldn’t be predicated on its ability to fend for itself and thwart interference from other states—among other things—has developed into a fundamental tenet of the United Nations Charter. Under international law, states are equal solely by their status as states. Since all nations are equal under international law despite disparities in the strength of the military, population density, industrialization, and economic growth, and geographic and demographic size, sovereign equality is therefore legal. This has been written into the UN Charter of 1945.
The concept of equality of state: –
The doctrine of the equality of states is a fundamental principle in international law that underlines the equal legal status of all sovereign states. This doctrine is based on the idea that, regardless of their differences in size, population, wealth, or power, all states possess equal legal rights and have the same standing in international law. Here are some key aspects of the Doctrine of equality of state: –
Sovereign equality: – The principle of sovereign equality is an important standard that regulates the behavior of the state in the international community. The concept of sovereign equality includes that the states are juridically equal, that each state enjoys the right inherent in full sovereignty, that the personality of the state is respected, as well as its territorial integrity, that the state should under international order, comply faithfully with its international duties and obligations.
Legal equality: – A fundamental principle of international law is legal equality, which emphasizes the equal standing of all sovereign states under the law. This idea is regarded as the foundation of the current international legal system and is expressed in several international legal frameworks. It is intended to apply uniformly to all states. Legal rules, norms, and principles are designed to be general and applicable to all, with no distinction based on a state’s characteristics.
Diplomatic equality: – Diplomatic equality demonstrates that all governments, no matter how great or small, are regarded as equal counterparts, and that their representatives are treated with equal dignity. It therefore removes away from the humiliations that weaker powers on occasion encountered in past times.
Participation in international organizations: – Every state has the right to equal participation in international institutions, regardless of its size or power. For instance, the United Nations emphasizes the equality of states by giving each member state one vote in the General Assembly. It provides a fertile forum for developing and advancing.
Although it is a cornerstone of international law, the equality of states idea is not absolute. States may occasionally be subject to sanctions or other actions in retaliation for breaking international law or for posing a risk to global peace and security. Nonetheless, it is anticipated that these actions will be carried out in compliance with accepted legal norms and processes.
Historical perspective of Equality of state: –
Over centuries, the historical perspective on the equality of nations under international law has changed to take into account shifts in the international system, advancements in law, and interactions between sovereign entities. The idea of state-to-state equality has a long history and has evolved during the following periods:
Westphalian system (17th century): – The 30 years of fighting came to an end with the Treaty of Westphalia in 1648, which has come to represent the new framework for structuring international affairs. International politics, from this point on, concerned only relations between states and no other political entities. Since each state claimed to have the sole authority to govern its territory and to behave as it saw fit toward other states, they were all considered sovereign. Formally speaking, all states were equal and had the same rights and responsibilities. Collectively, the states engaged in mutual relations under a framework devoid of central authority. Formal equality and sovereignty contributed to the anarchy issue. ‘Anarchy’ refers to a breakdown of law and order within a country, but in international politics, it refers to a system in which power is decentralized and there are no shared institutions with the authority to enforce common laws. When everyone looks out for themselves and no one looks out for the system as a whole, we have anarchy. States were forced to rely on their resources or create alliances to balance the strength of one state alliance against the strength of another. However, it soon became evident that these power balances were unstable and susceptible to manipulation, and that states were motivated to wage aggressive wars because of the value placed on acquiring new territory. Because of this, the new international order was marked by ongoing tensions and war threats, which frequently materialized into real acts of combat.
The Congress Vienna (1814-1815): – The Congress of Vienna was a diplomatic assembly that took place in Vienna, Austria, from September 1814 to June 1815. Reorganizing the continent after the Napoleonic Wars was the goal of this historic event in European history. One of the most productive diplomatic gatherings in history, the Congress of Vienna was important in establishing the post-Napoleonic era. The Congress of Vienna’s main objectives were to provide stability to Europe following the Napoleonic Wars, prevent the rise of strong nationalism, and establish a new balance of power. The Congress reinforced the principle of state equality, recognizing that all participating states had the right to participate in the deliberations and decisions of the Congress. It is often credited with establishing a new order in Europe that preserved peace for several decades. The principles and diplomatic methods employed during the Congress influenced subsequent diplomatic practices, and its success in maintaining stability is often referred to as the “Congress System.” While the Congress of Vienna successfully addressed many immediate post-Napoleonic challenges, it did not prevent all future conflicts. However, its diplomatic framework and the principles established contributed to the development of international relations in the 19th century.
League of Nations (1919): – The League of Nations was an international organization created in 1919 as a result of the Paris Peace Conference that ended World War I. It was an attempt to establish a worldwide organization to advance world peace, averting future hostilities, and encouraging international collaboration. Early on in the history of international affairs, the League of Nations was crucial. The League was approved and recognized by the Treaty of Versailles on April 28, 1919, through the Versailles Conference. The League’s first official meeting took place in Geneva in 1920. Even though the League lacked its armed forces, economic penalties and the establishment of a virtual state of quarantine around the offending state were thought to be effective deterrents against aggression. The League emerged with 42 founding members, and over time, its membership increased. The Soviet Union and the United States, which subsequently pulled out from the League, were notable tardiness. The League of Nations officially ceased its activities on April 20, 1946, and its assets and functions were transferred to the newly established United Nations (UN). The failure of the League highlighted the need for a more robust international organization, leading to the creation of the UN in 1945.
United Nations (1945): – The goal of the San Francisco Conference, formally known as The United Nations Conference on International Organization, was to set the foundations and establish a framework for the United Nations. There were 850 delegates from 50 countries at the Conference—26 of which had signed the original 1942 Declaration of the United Nations. At the time of the conference, there was no internationally recognized Polish Government, therefore, despite being one of the original signatories of the Declaration of the United Nations, Poland did not have a representative at the conference. After the nation was accepted, it was permitted to be regarded as an initial member, making 51 the total number of founding member nations. One of the major issues facing delegates “arose out of the difficulty of reconciling the theory of international law-that all nations are equal- with the facts of international life- that some are more powerful and influential than others. So, Article 2(1) explicitly states that “The Organization is based on the principle of the sovereign equality of all its Members.”
Post-Cold War Era: – The post-Cold War era, which began with the collapse of the Soviet Union in the early 1990s, has had significant implications for the principle of equality among states in international relations. Several key developments and shifts have influenced the dynamics of state equality during this period. The post-Cold War era witnessed a shift toward unipolarity, with the United States emerging as the single superpower. The tangible use of the principle of equality among states has been called into doubt by this power asymmetry.
Even with the United States considerable sway, other governments persisted in claiming their rights based on equality, and the idea of sovereign equality remained a cornerstone of international law. During this period, states became increasingly integrated through commerce, banking, and technology, leading to growing economic globalization and interdependence. Because of their interdependence, governments have to work together to overcome common difficulties, highlighting their equality in doing so.
International institutions, particularly the United Nations, continued to play a prominent role in global governance. Although the concepts of state equality and non-interference in domestic matters were reiterated, conflicts developed as strong governments attempted to sway decisions made inside these organizations. Following the fall of the Soviet Union, several newly independent governments emerged, and the international community had to deal with the challenges of recognizing and interacting with these new states. The principle of equality was tested in managing these changes.
In conclusion, there has been a complicated interaction between changing global dynamics and the idea of state equality during the post-Cold War era. The idea of sovereign equality has remained a cornerstone of international law and continues to influence state-to-state contacts in the modern world, despite challenges to the norm stemming from power disparities and intervention arguments.
CONCLUSION: – Throughout history, the concept of the equality of states has been a foundational principle in the development of international law. While there may be challenges and exceptions in its application, the idea that all states, regardless of their characteristics, are equal in the eyes of international law remains a crucial element in shaping the modern international legal order.
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