Draft Declaration on Rights and Duties of States

A/RES/375(IV)View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, published in 1949.

What other versions does this mandate have?

2 versions · 1949–1952

This is an older version — the most recent is A/RES/596(VI)

Year	Symbol	Title	Word length	Text similarity
1952	A/RES/596(VI)	Draft Declaration on Rights and Duties of States	557	11%Compare
1949	A/RES/375(IV)	Draft Declaration on Rights and Duties of States	1,643	–

What subjects does this mandate have?

3 subjects

Declarations (Text)International Obligations Sovereignty

What’s in this document?

15 operative paragraphs

This extracted fulltext may contain errors or omissions. Please check the source document.

Requests the 11ember States to transmit their comments to the Secretary-General so that he may report on them to the General Assembly at its next regular session.

3 December 1949.

370 (IV). Privileges and immunities of the United Nations The Cencral ,lsscm/Jl:,;

Takes note of the Secretary-General's report presented i,1 documents A/940, A/940/ Add. I and A/940/Add.2_ 1,,"

3 December 1949.

371 (IV). Permanent missions to the United Nations

Notes with satisfaction that fiftv-one Member States have set up 1wnnanent mi;sions at the seat of the United Nations ;

Invites all Member States which have set up such missions and which have not yet transmitted to the Sccretary-C;eneral the credentials of their permanent representatives to do so as soon as possible.

3 necember 1949.

372 (IV). Designation of non-member States to whi('h a certified copy of the Revised General Act for the Pacific Sf'ltlf•menl of International Disputes shall he communicated by the Secretary-General for the purpose of accession to this Act The General .,/ ssemhly,

Noting that no State Member of the l:nited Nations has as vet adhered to the Revised General Act for th~ Pacific Settlement of International Disputes ( General Assembly resolution 268 (III) A 18 of 28 April 1949),

Decides to defer to a later date the consideration of the item "Designation uf non-member States to which a certified c"PY of the Revised General Act for the Pacific Settlement of International Disputes shall be cummunicated hy the Secretary-General for tlw purpose of accession to this Act".

.!ooth J1lc11ary mating,

3 fJcccmher 70.J()

JC,b See O fficia/ f{Nurds of the fourth session of the c;,.,,_ 16 Sec O[ficwl Records of the fourth srssion of the C:cn era/ Assembly, Annex to thc Sixth Commit/re, documl'nt A/939/Rev.l.

17 Sec Official F}(rords r,_f !Irr third srssion n_f thi~ (~'1·11 trat As.semi1l_~:. !

1art ' N,

,,( .IJr,, t/11rd 1,c_u·io1t ,1r /lzc (;,,,;

373 (IV). Approval of part I of the report of the International Law Commission covering its first session

"/'he (;eneral .·lssembly,

.Voting from part I of the report 19 of the Inter national Law Commission con·ring its first session that the Commission has dealt, within its competence. with the studit's entrusted to it hv the Ceneral Assemhlv in relation to the codification and progressive "development of international law,

Congratulates the Commission 011 the work it has undertaken and nn the work still in progress;

Approves part I of the report of the I nterna ti1111al Law Commission.

:'70th plenar-:-• 111Ci'ting.

6 [)ccem/,,,,- 1040.

374 (IV). Recommendation to the International Law Commission to include the regime of territorial waters in its list of topics to he given priority /"he (;cnaal ,·lssrm/,/y,

.\' ot11u1 that the l ntcrnational Ltw ( m11miss1P11 li,t~ d,·c;ded~ 11 to gin· priurit_1· to the iolluwing tlir<'c topics:

l.aw of treaties

:\rhitral procedure

Rt·gi111e of the high seas,

( ·,msidcriny that tlil' topics of the r,·ginw ut the high seas all(! the r<'·gimc oi territorial wa!l'r, arc closl'ly related,

· Recommends to the International Law Com- 111ission that it include the topic of the r{,girne 01 territorial waters in its list of priorities.

~'70th plenary meeting.

6 Drcemher 1040

:J75 (IV). Draft Declaration on Rights and Dutie~ of States The c;eneral Assembly.

If aving recei11ed the draft Declaration on Rights and Duties of States21 prepared by the International Law Commission m pursuance of the instruction given to it by the General Assembly in resolution 178 ( II) 22 of 21 November 1947,

Considering that it is a responsibility of the l · nited '.\' at ions, and more especially of the l ;,·11 · nal Assernblv, under Article 13 of the Chartn, 1., cncmirage, the prugressive development oi i11 t.-r11ati1111al law :u1d its codification,

( ·011sidcrin1; that at the present time it has cncotmlPred some difficulties in formulating basic rights :md duties of States in the light "i 11,·11· dn-elop111l'11ts of international law and in harnw11Y 11ith the Charter of the l.'nited N:ttiu11s, a11d n·c:ognizing the need of continuing studv with rt·ganl to this subject,

19 See ()jficial Rcc,•rd., ~f thr fourth s,ssion of the (;pn cral .,/s.<,•mhh• . ..;upplrn,ent :\n. 10.

N ates the draft Declaration on Rights and Duties of States prepared !Jy the International Law Commission and expresses to the Commission its appreciation for its work on the draft Declaration;

Deems the draft Declaration a notable and substantial contribution towards the progressive development of international law and its codification and as such commends it tu the continuing attention of Member Stall'., and oi jurists of all nations;

Resolves to transmit to J\lemher States, for consideration, the draft Declaration together with all the documentation relating thereto prodnced during the present session of the Cencral Assembly, ancl to request them to furnish their comments and suggestions at the latest hy l July 1950;

Requests Member States to furnish at the same time comments on the following questions:

\Vhether any further action should he taken by the Genrral Assemhlv on the draft Declaration;

( b) If so, the exact nature of the document to be aimed at and the future procedure to be

adopted in relation to it;

Requests the Secretary-Ccneral to prepare and publish the suggestions ancl comments furnished hy Member State,, for such use as the (;eneral Assembly may find desirable,

Directs that the text of the draft Declaration be annexed to the prcs("nt resolution.

770th plenary mectiny,

6 necemher 1919.

Draft Declaration on Rights and Duties of States Whereas the States of the world form a community governed by international law,

/Vhcrcas the progressive development of international law requires eff ectivc orl!;anization oi the comnmnity of States,

fVhercas a great majority of the States of tht world have accordingly established a new international order under the Charter of the United Nations, and most of the other States of the world have declared their desire to live within this order,

fVhcreas a primary purpose of the United Nations is to maintain international peace and security, and the reign of law and justice is essential to the realization of this purpose, and VVhereus it is therefore desirable to formulate certain basic rights ancl duties of States in the light of new developments of international law and in harmony with the Charter of the United Nations,

The General Asscmblv of the United Nations adopts and proclaims this-Declaration on Rig-hts and Duties of States:

Every State has the right to independence and hence to exercise frl'eiy, without dictation by any other State, all its legal powers, including the choice of its own form of government

21 See Official Records of thr fourth session of the General Assembly, Supplement N" 10, page 8.

Every State has the right to exercise juri,cliction over its territory am! over all per,ons and things therein, subject tu tlw immunities recognizl'd bv international law.

Everv State has the duty to refr:tin fr,nn intervention· in the internal t1r e~tnn:t! affairs "f a11, other :--;tate.

Everv State ha, t•· dt:tv til rt'frain fro111 i,1111,,nt ing- civil strife in the ,erritorv of another Stall'. and to prevent the org;r,t,,ati1tn "ithin its tcrriton· of activities c:1kubte,:

, fnrnent such civil .stri ie

.\wnn.E S Everv State has thl' right to cqti:tlitv in l:t"· "ith ewrv ,;ther State

Everv State has tlie dlttv to treat all persons under its juristliction with rt:.,pect for ht11n:1n ri.ghts ancl fllntlamental fre,,dorns. without di.,tinctio11 as to

Everv State has the duty to ensure tl::tt ,-, lltditions prevailing in it~ territorv dn n, it n1e11;icc intcrn;1 tional peace a1·<! order ,\wt 11 11-: X l-:ve1 ,. '.-,t:tlt' lt:t, tlie dutv to o,•ttk th tlisp11t1·, w,th lither '.-,tates hy pe:tcd,il means in such a 111:!11- nc1 t11.1t intcr11;1tin11;il pc:ttT :111d c.;t•t·tll"ity, :uid j11-.;fice, ar<' not ernla11gered

Every State ha, the duty to rdr:1i11 fn,111 resPrting

refrain frlllll the threat 11r 11,e of force ac:ainst the territorial intc;:ritv or po! it ical i1,,le1,,·1;dcwe of another State, or in a1n· other m:rnm-r inconsistent with international law illld order

Every State has the dutv to rdrain fro111 giving assist:t11Ce to any State which is acting in violation of article 0, or against II hich the United l\'atiPn, is taking prevt'ntive , ,r en f orcc1n,'11t :1ctio11.

Even· State has the dutv to refrain irorn rccognizing any territorial acq11isition hv a11otl1t·1 St:tte actinl! in ,·iolation of article <I_

lective :,t'I £-defence against ar111ccl attack.

Everv State has the right of individual ,1r ml

Every State has the dutv to carry out in good faith its ohligations arising from treaties ;1111! othe• sources oi international law, and it ma,· not invoke provi~ions in its constitution or its laws -a, an excuse fr,r failure to perform this duty.

Evnv State has the duty to conduct its relation, with other States in accordance with international law and with the principle that the sovcrt'i.1.;ntv ,1f each State i, s11hicct to the s11prt>m:1cv of intern:1- tional law.

"Se~ Official Nccords of the second snsion vf the Grnr.-al Assembly, Rcsulntions. pag-e 1 l.?.

rral Asscn1/J/,,1• ~-l11111·x f1i the :,;£.1..:th Committc1',

H(•:-,oluti,,1h, l)a.~1..· 171 1 1,/. ~t•f' l1 I lf f'i•-..,,,1.,1i 1 ,::<.., Pdl'.l" 10 ·,o [hid .. page _;

ARTICLE 2 ART]L'LE 3

ARTICLE (> r:11·e, '1'~. b11~·u:-1Qc, nr reli,~i()n.

A1n1c1.E 7

APTICLE <) !(1 \\:11 ;i-.., :111 inc..;tr1111H'11t (JI 11:itinn:tl ptdic\', ;1nd tt1 ARTICLE 10 ARTICLE ] ] ARTICLE ]2 ARTICLE ]3

ARTICLE ]4 ARTICLE I

Who adopted this document and its mandates?

What other versions does this mandate have?

What subjects does this mandate have?

What’s in this document?

371 (IV). Permanent missions to the United Nations

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