Question

Which of the following statements are correct?
As recognised in the 1970 Declaration on Principles of International Law, sovereign equality includes the following elements: -
(i) Each state enjoys the rights inherent in full sovereignty.
(ii) State are juridically unequal.
(iii) The territorial integrity of the state is inviolable.
(iv) The political independence of the State is inviolable.

• A. Only (i), (ii), and (iii)
• B. Only (i), (ii), and (iv)
• C. Only (ii), (iii), and (iv)
• D. Only (i), (iii), and (iv)

Hint:

The 1970 Declaration on Friendly Relations (Resolution 2625) is widely recognized as reflecting customary international law.
Always remember that sovereign equality demands "juridical equality," meaning equality before the law, not inequality.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks us to identify the correct elements of the principle of "sovereign equality" as proclaimed in the UN General Assembly's 1970 Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States.

Step 2: Key Legal Principles and Approach:
The 1970 Declaration (Resolution 2625) is an authoritative interpretation of the fundamental principles of the UN Charter.
Under the section on the principle of sovereign equality of states, the declaration lists several constituent elements of this principle.

Step 3: Detailed Explanation:

• Meaning of Sovereign Equality: Article 2(1) of the UN Charter states that the Organization is based on the principle of the sovereign equality of all its members.

• The 1970 Declaration elaborates on this principle, stating that all states enjoy sovereign equality, meaning they have equal rights and duties and are equal members of the international community, notwithstanding differences of an economic, social, political, or other nature.

• Analyzing the Elements:

• Element (i) "Each state enjoys the rights inherent in full sovereignty" is explicitly listed in the Declaration.

• Element (ii) "States are juridically unequal" is incorrect.

• The Declaration explicitly states: "States are juridically equal." Juridical equality means all states, regardless of their size, population, wealth, or power, have the same legal status and capacity under international law.

• Element (iii) "The territorial integrity of the state is inviolable" is explicitly listed in the Declaration.

• Element (iv) "The political independence of the State is inviolable" is explicitly listed in the Declaration.

• Since elements (i), (iii), and (iv) are correct while element (ii) is false, Option (D) is the correct answer.

Step 4: Final Answer:
Sovereign equality encompasses juridical equality, territorial integrity, and political independence, making elements (i), (iii), and (iv) correct, which corresponds to Option (D).