International Law - Soverei...
1 Sovereign Law Series New York “Charter of Economic Rights and Duties of States” of 1974 Short-Form Reference: 1974 “Charter of Economic Rights & Duties of States” In-Line Micro Reference: 1974 “Economic Rights of States” Ratification / Registration: UN-GA Res. 29/3281 New York (12 Dec 1974) © 2020 Sovereign Court of International Justice (SCIJ). All International Rights Reserved. The 1979 “Berne Convention” fully protects this proprietary collection as a selection and arrangement of works (Art. 2.5), and protects these documents as derivative works (Art. 2.3) and adaptations (Art. 12). All unauthorized republication or distribution including online is illegal (Art. 9). “Fair Use” does not permit infringement for unfair competition by another non-profit (17 USC 107), which is a criminal offense punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107). 2 Introductory Notes by the Independent Judiciary Download Sovereign Law Series – This “Sovereign Law Series” is presented by the Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized reference and effective use of international law sources. It provides primary sources of the modern framework of “conventional international law”, which contains provisions to invoke “customary international law” which is the “Common Law”. Download the “Intro & Index” (with links to all documents in the collection) here: Introduction & Index Independence from the UN – The United Nations (UN) is not a “world government”, and has no authority for any type of “global governance”: The UN is prohibited to interfere with self-determination of peoples or sovereignty of States (UN Charter, Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world parliament”, and has no authority to enact any form of “legislation”: The UN General Assembly (GA) is only a forum for States to codify and declare general recognition of rights and doctrines of international law (UN Charter, Article 13.1). Reclaiming Law and Rights – The UN has no authority to “own” or “control” international law: All the conventions actually belong to the Peoples of the Nations, and the UN is only authorized to register and publish them (1969 Law of Treaties, Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”, those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2), and “become binding upon” all States as “customary rules of international law” which are “recognized” by that convention (Article 38). Therefore, all law and rights evidenced in conventions belong to the People, and can be invoked by the People and enforced by the Independent Judiciary, in perpetuity. Words of Rights in Red – Operative words and phrases most effective for invoking and enforcing Rights, which are the most used by Barristers and Judges, are printed in Red font for ease of visual reference. Some key words may be underlined for emphasis. Commentary in Green – [Expert commentary from Barristers and Judges may be added in Green font, in Brackets, to guide effective use to assert and enforce rights.] 3 Official Text of this Law Source as Ratified Charter of Economic Rights and Duties of States Preamble The General Assembly, Reaffirming the fundamental purposes of the United Nations, in particular the maintenance of international peace and security, the development of friendly relations among nations and the achievement of international cooperation in solving international problems in the economic and social fields; Affirming the need for strengthening international cooperation for development; Declaring that it is a fundamental purpose of the present Charter to promote the establishment of the new international economic order, based on equality, sovereign equality, interdependence, common interest and cooperation among all States, irrespective of their economic and social systems; Desirous of contributing to the criterion of conditions for: (a) The attainment of wider prosperity among all countries and of higher standards of living for all peoples, (b) The promotion by the entire international community of the economic and social progress of all countries, especially developing countries, (c) The encouragement of cooperation, on the basis of mutual advantage and equitable benefits for all peace-loving States which are willing to carry out the provisions of the present Charter, in the economic, trade, scientific and technical fields, regardless of political, economic or social systems, (d) The overcoming of main obstacles in the way of economic development of the developing countries, (e) The acceleration of the economic growth of developing countries with a view to bridging the economic gap between developing and developed countries, (f) The protection, preservation and enhancement of the environment; 4 Mindful of the need to establish and maintain a just and equitable economic and social order through: (a) The achievement of more rational and equitable international economic relations and the encouragement of structural changes in the world economy, (b) The creation of conditions which permit the further expansion of trade and intensification of economic cooperation among all nations, (c) The strengthening of the economic independence of developing countries, (d) The establishment and promotion of international economic relations, taking into account the agreed differences in development of the developing countries and their specific needs; Determined to promote collective economic security for development, in particular of the developing countries, with strict respect for the sovereign equality of each State and through the cooperation of the entire international community; Considering that genuine cooperation among States, based on joint consideration of and concerted action regarding international economic problems, is essential for fulfilling the international community's common desire to achieve a just and rational development of all parts of the world; Stressing the importance of ensuring appropriate conditions for the conduct of normal economic relations among all States, irrespective of differences in social and economic systems, and for the full respect of the rights of all peoples, as well as strengthening instruments of international economic cooperation as a means for the consolidation of peace for the benefit of all; Convinced of the need to develop a system of international economic relations on the basis of sovereign equality, mutual and equitable benefit and the close interrelationship of the interests of all States; Reiterating that the responsibility for the development of every country rests primarily upon itself but that concomitant and effective international cooperation is an essential factor for the full achievement of its own development goals; Firmly convinced of the urgent need to evolve a substantially improved system of international economic relations; Solemnly adopts the present Charter of Economic Rights and Duties of States: 5 Chapter I – Fundamentals of International Economic Relations Economic as well as political and other relations among States shall be governed, inter alia, by the following principles: (a) Sovereignty, territorial integrity and political independence of States; (b) Sovereign equality of all States; (c) Non-aggression; (d) Non-intervention; (e) Mutual and equitable benefit; (f) Peaceful coexistence; (g) Equal rights and self-determination of peoples; (h) Peaceful settlement of disputes; (i) Remedying of injustices which have been brought about by force and which deprive a nation of the natural means necessary for its normal development; (j) Fulfillment in good faith of international obligations; (k) Respect for human rights and international obligations; (l) No attempt to seek hegemony and spheres of influence; (m) Promotion of international social justice; (n) International cooperation for development; (o) Free access to and from the sea by land-locked countries within the framework of the above principles. 6 Chapter II – Economic Rights and Duties of States Article 1 Every State has the sovereign and inalienable right to choose its economic system as well as it political, social and cultural systems in accordance with the will of its people, without outside interference, coercion or threat in any form whatsoever. Article 2 1. Every State has and shall freely exercise full permanent sovereignty, including possession, use and disposal, over all its wealth, natural resources and economic activities. 2. Each State has the right: (a) To regulate and exercise authority over foreign investment within its national jurisdiction in accordance with its laws and regulations and in conformity with its national objectives and priorities. No State shall be compelled to grant preferential treatment to foreign investment; (b) To regulate and supervise the activities of transnational corporations within its national jurisdiction and take measures to ensure that such activities comply with its laws, rules and regulations and conform with its economic and social policies. Transnational corporations shall not intervene in the internal affairs of a host State. Every State should, with full regard for its sovereign rights, cooperate with other States in the exercise of the right set forth in this subparagraph; (c) To nationalize, expropriate or transfer ownership of foreign property, in which case appropriate compensation should be paid by the State adopting such measures, taking into account its relevant laws and regulations and all circumstances that the State considers pertinent. In any case where the question of compensation gives rise to a controversy, it shall be settled under the domestic law of the nationalizing State and by its tribunals, unless it is freely and mutually agreed by all States concerned that other peaceful means be sought on the basis of the sovereign equality of States and in accordance with the principle of free choice of means. 7 Article 3 In the exploitation of natural resources shared by two or more countries, each State must cooperate on the basis of a system of information and prior consultations in order to achieve optimum use of such resources without causing damage to the legitimate interest of others. Article 4 Every State has the right to engage in international trade and other forms of economic cooperation irrespective of any differences in political, economic and social systems. No State shall be subjected to discrimination of any kind based solely on such differences. In the pursuit of international trade and other forms of economic cooperation, every State is free to choose the forms of organization of its foreign economic relations and to enter into bilateral and multilateral arrangements consistent with its international obligations and with the needs of international economic cooperation. Article 5 All States have the right to associate in organizations of primary commodity producers in order to develop their national economies, to achieve stable financing for their development and, in pursuance of their aims, to assist in the promotion of sustained growth of the world economy, in particular accelerating the development of developing countries. Correspondingly, all States have the duty to respect that right by refraining from applying economic and political measures that would limit it. Article 6 It is the duty of States to contribute to the development of international trade of goods, particularly by means of arrangements and by the conclusion of long-term multilateral commodity agreements, where appropriate, and taking into account the interest of producers and consumers. All States share the responsibility to promote the regular flow and access of all commercial goods traded at stable, remunerative and equitable prices, thus contributing to the equitable development of the world economy, taking into account, in particular, the interests of developing countries. 8 Article 7 Every State has the primary responsibility to promote the economic, social and cultural development of its people. To this end, each State has the right and the responsibility to choose its means and goals of development, fully to mobilize and use its resources, to implement progressive economic and social reforms and to ensure the full participation of its people in the process and benefits of development. All States have the duty, individually and collectively, to cooperate in eliminating obstacles that hinder such mobilization and use. Article 8 States should cooperate in facilitating more rational and equitable international economic relations and in encouraging structural changes in the context of a balanced world economy in harmony with the needs and interests of all countries, especially developing countries, and should take appropriate measures to this end. Article 9 All States have the responsibility to cooperate in the economic, social, cultural, scientific and technological fields for the promotion of economic and social progress throughout the world, especially that of the developing countries. Article 10 All States are juridically equal and, as equal members of the international community, have the right to participate fully and effectively in the international decision-making process in the solution of world economic, financial and monetary problems, inter alia, through the appropriate international organizations in accordance with their existing and evolving rules, and to share in the benefits resulting therefrom. Article 11 All States should cooperate to strengthen and continuously improve the efficiency of international organizations in implementing measures to stimulate the general economic progress of all countries, particularly of developing countries, and therefore should cooperate to adapt them, when appropriate, to the changing needs of international economic cooperation. 9 Article 12 1. States have the right, in agreement with the parties concerned, to participate in subregional, regional interregional cooperation in the pursuit of their economic and social development. All States engaged in such cooperation have the duty to ensure that the policies of those groupings to which they belong correspond to the provisions of the present Charter and are outward-looking, consistent with their international obligations and with the needs of international economic cooperation, and have full regard for the legitimate interests of third countries, especially developing countries. 2. In the case of groupings to which the States concerned have transferred or may transfer certain competences as regards matters that come within the scope of the present Charter, its provisions shall also apply to those groupings in regard to such matters, consistent with the responsibilities of such States as members of such groupings. Those States shall cooperate in the observance by the groupings of the provisions of this Charter. Article 13 1. Every State has the right to benefit from the advances and development in science and technology for the acceleration of its economic and social development. 2. All States should promote international scientific and technological cooperation and the transfer of technology, with proper regard for all legitimate interests including, inter alia, the rights and duties of holders, suppliers and recipients of technology. In particular, all States should facilitate the access of developing countries to the achievements of modern science and technology, the transfer of technology and the creation of indigenous technology for the benefit of the developing countries in forms and in accordance with procedures which are suited to their economies and their needs. 3. Accordingly, developed countries should cooperate with the developing countries in the establishment, strengthening and development of their scientific and technological infrastructures and their scientific research and technological activities so as to help to expand and transform the economies of developing countries. 4. All States should cooperate in research with a view to evolving further internationally accepted guidelines or regulations for the transfer of technology, taking fully into account the interest of developing countries. 10 Article 14 Every State has the duty to cooperate in promoting a steady and increasing expansion and liberalization of world trade and an improvement in the welfare and living standards of all peoples, in particular those of developing countries. Accordingly, all States should cooperate, inter alia, towards the progressive dismantling of obstacles to trade and the improvement of the international framework for the conduct of world trade and, to these ends, coordinated efforts shall be made to solve in an equitable way the trade problems of all countries, taking into account the specific trade problems of the developing countries. In this connection, States shall take measures aimed at securing additional benefits for the international trade of developing countries so as to achieve a substantial increase in their foreign exchange earnings, the diversification of their exports, the acceleration of the rate of growth of their trade, taking into account their development needs, an improvement in the possibilities for these countries to participate in the expansion of world trade and a balance more favourable to developing countries in the sharing of the advantages resulting from this expansion, through, in the largest possible measure, a substantial improvement in the conditions of access for the products of interest to the developing countries and, wherever appropriate, measures designed to attain stable, equitable and remunerative prices for primary products. Article 15 All States have the duty to promote the achievement of general and complete disarmament under effective international control and to utilize the resources released by effective disarmament measures for the economic and social development of countries, allocating a substantial portion of such resources as additional means for the development needs of developing countries. Article 16 1. It is the right and duty of all States, individually and collectively, to eliminate colonialism, apartheid, racial discrimination, neo-colonialism and all forms of foreign aggression, occupation and domination, and the economic and social consequences thereof, as a prerequisite for development. States which practise such coercive policies are economically responsible to the countries, territories and peoples affected for the restitution and full compensation for the exploitation and depletion of, and damages to, the natural and all other resources of those countries, territories and peoples. It is the duty of all States to extend assistance to them. 11 2. No State has the right to promote or encourage investments that may constitute an obstacle to the liberation of a territory occupied by force. Article 17 International cooperation for development is the shared goal and common duty of all States. Every State should cooperate with the efforts of developing countries to accelerate their economic and social development by providing favourable external conditions and by extending active assistance to them, consistent with their development needs and objectives, with strict respect for the sovereign equality of States and free of any conditions derogating from their sovereignty. Article 18 Developed countries should extend, improve and enlarge the system of generalized non-reciprocal and non-discriminatory tariff preferences to the developing countries consistent with the relevant agreed conclusions and relevant decisions as adopted on this subject, in the framework of the competent international organizations. Developed countries should also give serious consideration to the adoption of other differential measures, in areas where this is feasible and appropriate and in ways which will provide special and more favourable treatment, in order to meet the trade and development needs of the developing countries. In the conduct of international economic relations the developed countries should endeavour to avoid measures having a negative effect on the development of the national economies of the developing countries, as promoted by generalized tariff preferences and other generally agreed differential measures in their favour. Article 19 With a view to accelerating the economic growth of developing countries and bridging the economic gap between developed and developing countries, developed countries should grant generalized preferential, non-reciprocal and non-discriminatory treatment to developing countries in those fields of international economic cooperation where it may be feasible. Article 20 Developing countries should, in their efforts to increase their over-all trade, give due attention to the possibility of expanding their trade with socialist countries, by granting to these countries conditions for trade not inferior to those granted normally to the developed market economy countries. 12 Article 21 Developing countries should endeavour to promote the expansion of their mutual trade and to this end may, in accordance with the existing and evolving provisions and procedures of international agreements where applicable, grant trade preferences to other developing countries without being obliged to extend such preferences to developed countries, provided these arrangements do not constitute an impediment to general trade liberalization and expansion. Article 22 1. All States should respond to the generally recognized or mutually agreed development needs and objectives of developing countries by promoting increased net flows of real resources to the developing countries from all sources, taking into account any obligations and commitments undertaken by the States concerned, in order to reinforce the efforts of developing countries to accelerate their economic and social development. 2. In this context, consistent with the aims and objectives mentioned above and taking into account any obligations and commitments undertaken in this regard, it should be their endeavour to increase the net amount of financial flows from official sources to developing countries and to improve the terms and conditions thereof. 3. The flow of development assistance resources should include economic and technical assistance. Article 23 To enhance the effective mobilization of their own resources, the developing countries should strengthen their economic cooperation and expand their mutual trade so as to accelerate their economic and social development. All countries, especially developed countries, individually as well as through the competent international organizations of which they are members, should provide appropriate and effective support and cooperation. Article 24 All States have the duty to conduct their mutual economic relations in a manner which takes into account the interest of other countries. In particular, all States should avoid prejudicing the interests of developing countries. 13 Article 25 In furtherance of world economic development, the international community, especially its developed members, shall pay special attention to the particular needs and problems of the least developed among the developing countries, of land-locked developing countries and also island developing countries, with a view to helping them to overcome their particular difficulties and thus contribute to their economic and social development. Article 26 All States have the duty to coexist in tolerance and live together in peace, irrespective of differences in political, economic, social and cultural systems, and to facilitate trade between States having different economic and social systems. International trade should be conducted without prejudice to generalized non-discriminatory and non- reciprocal preferences in favour of developing countries, on the basis of mutual advantage, equitable benefits and the exchange of most-favoured-nation treatment. Article 27 1. Every State has the right to enjoy fully the benefits of world invisible trade and to engage in the expansion of such trade. 2. World invisible trade, based on efficiency and mutual and equitable benefit, furthering the expansion of the world economy, is the common goal of all States. The role of developing countries in world invisible trade should be enhanced and strengthened consistent with the above objectives, particular attention being paid to the special needs of developing countries. 3. All States should cooperate with developing countries in their endeavours to increase their capacity to earn foreign exchange from invisible transactions, in accordance with the potential and needs of each developing country and consistent with the objectives mentioned above. Article 28 All States have the duty to cooperate in achieving adjustments in the prices of exports of developing countries in relation to prices of their imports so as to promote just and equitable terms of trade for them, in a manner which is remunerative for producers and equitable for producers and consumers. 14 Chapter III – Common Responsibilities towards the International Community Article 29 The sea-bed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction, as well as the resources of the area, are the common heritage of mankind. On the basis of the principles adopted by the General Assembly in resolution 2749 (XXV) of 17 December 1970, all States shall ensure that the exploration of the area and exploitation of its resources are carried out exclusively for peaceful purposes and that the benefits derived therefore are shared equitably by all States, taking into account the particular interest and needs of developing countries; an international regime applying to the area and its resources and including appropriate international machinery to give effect to its provisions shall be established by an international treaty of a universal character, generally agreed upon. Article 30 The protection, preservation and enhancement of the environment for the present and future generations is the responsibility of all States. All States shall endeavour to establish their own environment and development policies in conformity with such responsibility. The environmental policies of all States should enhance and not adversely affect the present and future development potential of developing countries. All States have the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction. All States should cooperate in evolving international norms and regulations in the field of the environment. 15 Chapter IV – Final Provisions Article 31 All States have the duty to contribute to the balanced expansion of the world economy, taking duly into account the close interrelationship between the well-being of the developed countries and the growth and development of the developing countries, and the fact that the prosperity of the international community as a whole depends upon the prosperity of its constituent parts. Article 32 No State may use or encourage the use of economic, political or any other type of measures to coerce another State in order to obtain from it the subordination of the exercise of its sovereign rights. Article 33 1. Nothing in the present Charter shall be construed as impairing or derogating from the provisions of the Charter of the United Nations or actions taken into pursuance thereof. 2. In their interpretation and application, the provisions of the present Charter are interrelated and each provision should be construed in the context of the other provisions. Article 34 An item on the Charter of Economic Rights and Duties of Sates shall be included in the agenda of the General Assembly at its thirtieth session, and thereafter on the agenda of every fifth session. In this way a systematic and comprehensive consideration of the implementation of the Charter, covering both progress achieved and any improvement and additions which might become necessary, would be carried out and appropriate measures recommended. Such consideration should take into account the evolution of all the economic, social, legal and other factors related to the principles upon which the present Charter is based and on its purpose.