Issue #1: Whether Reverentia’s encouragement of East Agnostica’s referendum violated Agnostica’s

territorial integrity, the principle of non-intervention, and the United Nations Charter generally.

Stand: Yes. The act of Reverentia constitutes a violation of its duties and obligations under the
international law.

Argument: The encouragement done by Reverentia constitutes as an interference to the governmental

functions of Agnostica. The enunciations, legislation and the act of positioning military units in the
border of East Agnostica by the Reverentian Government shows that they are influencing the
secessionist movement in the country constituting a direct violation of Agnostica’s sovereignty and
territorial integrity.

Basis:

a. Principle of Sovereign Equality of States

As States, both Agnostica and Reverentia enjoy the benefits of being a part of the International
Community alongside with other States, such membership corresponds with duties and obligations
towards the other members. Article 13 of the United Nations Draft Declaration on Rights and Duties of
States highlights the importance of the duties and obligations of states under the international law.

“Every State has the duty to carry out in good faith its obligations arising from
treaties and other sources of international law, and it may not invoke provisions in
its constitution or its laws as an excuse for failure to perform this duty1.

One of the primary duties of the states is the observance of Principle of Sovereign Equality of
States. The United Nations Declaration on Friendly Relations and Cooperation among States sums up the
principle, stating that:

All States enjoy sovereign equality. They have equal rights and duties and are
equal members of the international community, notwithstanding differences of an
economic, social, political or other nature2.

The declaration simply recognizes the equality of each states and the corresponding freedom of
individual states against interference from other states. The UN recognizes it as the duty of each state to
respect the sovereignty of other states; it is codified in article 14 of the Draft Declaration on Rights and
Duties of States:

Every State has the duty to conduct its relations with other States in accordance
with international law and with the principle that the sovereignty of each State is
subject to the supremacy of international law3

1 General Assembly resolution 375/IV, United Nations Draft Declaration on Rights and Duties of States,
A/RES/375/IV (6 December 1949).
2
General Assembly resolution 25/2625, Declaration on Friendly Relations and Cooperation among States,
A/RES/25/2625 (24 October 1970).
3
Ibid
 It is the duty of every state to respect the sovereignty of other states as equals. Enshrined in the
Declaration on Friendly Relations and Cooperation among States are the elements of sovereign equality:

Sovereign equality includes the following elements4

(a) States are judicially equal;
(b) Each State enjoys the rights inherent in full sovereignty;
(c) Each State has the duty to respect the personality of other States;
(d) The territorial integrity and political independence of the State are inviolable;
(e) Each State has the right freely to choose and develop its political, social,
economic and cultural systems;
(f) Each State has the duty to comply fully and in good faith with its international
obligations and to live in peace with other States.

It is clear from the aforementioned elements of sovereign equality that states must respect the
sovereignty of other states. The act of Reverentia5 in encouraging East Agnostica’s referendum6 shows
the disregard of the former towards its duty to respect the personality of other States as part of the
international community. It clearly violated the inviolable element of the principle, the territorial
integrity and political independence of Agnostica.

The UN clearly prohibits interference in any form whether done directly or indirectly against
sovereignty of other states as codified in paragraph 15 of the Declaration on Friendly Relations and
Cooperation among States stating:

No State or group of States has the right to intervene, directly or indirectly, for any
reason whatever, in the internal or external affairs of any other State.
Consequently, armed intervention and all other forms of interference or attempted
threats against the personality of the State or against its political, economic and
cultural elements, are in violation of international law

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 and to secure from it advantages of any kind.
Also, no State shall organize, assist, foment, finance, incite or tolerate subversive,
terrorist or armed activities directed towards the violent overthrow of the regime
of another State, or interfere in civil strife in another State

The use of force to deprive peoples of their national identity constitutes a violation
of their inalienable rights and of the principle of non-intervention7

The statements made by President Nuvallus on 9 January 2013 and the resolution passed by the
Reverntian Parliament on January 10, 2013 contravenes with the second paragraph of paragraph 15 of
the Declaration on Friendly Relations and Cooperation among States. The pronouncements made by the
Reverentian Government alongside with the legislation emboldened the secessionist movements to act

4
Ibid
5
The Pronouncements, Positioning of Military Units and the Legislation made by the Reverentian Government
6
Ibid
7
Ibid
positively towards their call; for the East Agnosticans, comprised mainly by Agnorevs, to secede from
East Agnostica. The deployment of Military Units violated the 3rd paragraph of paragraph 15 of the
Declaration on Friendly Relations and Cooperation among States. Such act bolstered the East Agnosticans
towards its secessionist motive.

Reverentia assisted the Secessionist Movement through numerous ways including military force
in order annex the East Agnostica where Marithe is mined. Under the pretense of aiding the East
Agnosticans in gaining self determinations and under the pretense of self-defense their acts main goal
was to divide the country of Agnostica and annex East Agnostica for Marithe.

b. Principle of Territorial Integrity

The Principle of Territorial Integrity is one of the Principles that have been levelled as a Jus
Cogens rule8, in which no country may violate such principle. It is enshrined in the Article 2(4) of the U.N.
Charter which states that:

All Members shall refrain in their international relations from the threat or use of
force against the territorial integrity or political independence of any state, or in any
other manner inconsistent with the Purposes of the United Nations 9

The principle is essential for the maintenance of peace among nations and the protection of
fundamental interest of the international community. It is a Jus Cogens rule in the manner that a
violation of it constitutes a breach against its obligations and duties among the community of states.

Territorial Integrity is synonymous with political independence and is an inviolable element of a

states’ sovereignty. It is codified in the Declaration on Friendly Relations and Cooperation among States.

The territorial integrity and political independence of the State are inviolable10

Any interference made by any country is a failure to observe its obligations and duties as cited in
the Article 4 of the UN Draft of Sates Rights and duties. International law protects the territorial integrity
of a state against any form of interference

“The principle of territorial integrity protects the sovereign state against all sorts
of violations of its territory. It renders illegal acts of direct physical effect in the
territory of another state as well as sovereign acts that one state carries out on
the territory of another state. The states’ territorial sovereignty is protected
against forceful as well as non-forceful interventions.11

8
Case Concerning Military and Paramilitary Activities In and Against Nicaragua (Nicaragua v. United States of
America); Merits, International Court of Justice (ICJ), 27 June 1986
9
Article 2(4) of the U.N. Charter
10
Ibid
11
Marxsen, C. (2015). Territorial Integrity in International Law . Max-Planck-Institut für ausländisches öffentliches
Recht und Völkerrecht.
 The act of Reverentia undermines the Political Independence of Agnostica, through the
encouragement and recognition of an illegal referendum made by the East Agnosticans. Reverentia
posseses no authority in providing aid to such referendum.

A direct Interference to the territorial integrity of Agnostica was made as well through the use of
force. The presence of Reverentia’s military in the border is not a valid exercise of self defense but
rather a self serving act in the annexation of East Agnostica.

c. Reverentia cannot validly raise Self Defense as reason for its interference in the affiars
of Agnostica

Reverentia in defending their act of aiding in the referendum and the annexation of East
Agnostica referred to the fundamental right of a Sate for “Self Preservation” or Self Defense. The
Reverentians cited the possibility of the crimes spilling over to Reverentia and protecting the
Reverentian living in East Agnostica. They are invoking Article 51 of the UN charter.

Nothing in the present Charter shall impair the inherent right of individual or
collective self-defence if an armed attack occurs against a Member of the United
Nations, until the Security Council has taken measures necessary to maintain
international peace and security. Measures taken by Members in the exercise of
this right of self-defence shall be immediately reported to the Security Council and
shall not in any way affect the authority and responsibility of the Security Council
under the present Charter to take at any time such action as it deems necessary in
order to maintain or restore international peace and security.12

The Reverentia cannot use such defense as such right stemmed from the preservation
independence and territorial integrity. The right to self preservation coincides with the duty of the state
to observe the rights of other states.

The Reverentians in East Agnostica that the Reverentia wants to protect are citizens of
Agnostica and not of Reverentia, their roots can be traced back coming from Reverentia but they are no
longer a member of the former. Thus Reverentia lacks authority over the East Agnosticans, specifically
the Agnorevs, as they are subject to the laws of Agnostica and not of the former. Therefore the acts
including the military presence is cannot be justified by Reverentia.

Self Defense as a defense for Reverentia’s action is cannot be invoked as there is no sufficient
evidence that shows the possibility of violence may spill over their border, as it is merely a perceived
threat. The event that took place on 26th of December 2012 is merely an isolated case. Other occasions
that have risen was properly addressed by authorities.

Thus the interference made by Reverentia are uncalled for and constitutes a breach of
Agnostica’s Territorial Integrity and Political Independence.

12
Article 7(51) of the U.N. Charter
 d. Reverentia’s Encouragement was a direct assault to the sovereignty of Agnostica as it
cannot validly raise the argument of helping East Agnostica exercise its Right to Self
Determination.

The right to self determination has been generally accepted as a principle of customary
international law13. The aforementioned right was not envisioned to against the principle of sovereign
equality of states and principle of territorial integrity as reflected in paragraph 6 UN General Assembly
Declaration 1514.

6. Any attempt aimed at the partial or total disruption of the national unity and
the territorial integrity of a country is incompatible with the purposes and
principles of the Charter of the United Nations.14

The United Nations also made it clear that states should not interfere with other states internal
affairs nor encroach upon the territorial integrity of other states under paragraph 7 of the UN General
Assembly Declaration 1415 which states that:

7. All States shall observe faithfully and strictly the provisions of the Charter of the
United Nations, the Universal Declaration of Human Rights and the present
Declaration on the basis of equality, non-interference in the internal affairs of all
States, and respect for the sovereign rights of all peoples and their territorial
integrity.15

The Declaration on Friendly Relations and Cooperation among States recognizes “The principle of
equal rights and self-determination of peoples” stating that:

By virtue of the principle of equal rights and self-determination of peoples

enshrined in the Charter of the United Nations, all peoples have the right freely to
determine, without external interference, their political status and to pursue their
economic, social and cultural development, and every State has the duty to respect
this right in accordance with the provisions of the Charter.

With the recognition of such right in the declaration, the UN also recognizes that such right is not
absolute. Therefore no actions are allowed that will violate the independence and sovereignty of other
states as enshrined under the declaration:

6) Nothing in the foregoing paragraphs shall be construed as authorizing or

encouraging any action which would dismember or impair, totally or in part, the
territorial integrity or political unity of sovereign and independent States
conducting themselves in compliance with the principle of equal rights and self-
determination of peoples as described above and thus possessed of a government
representing the whole people belonging to the territory without distinction as to
race, creed or colour.16

13
Monahan, Patrick J.. "The Law and Politics of Quebec Secession." Osgoode Hall Law Journal 33.1 (1995) : 1-33
14
Article 7(51) of the U.N. Charter
15
Ibid
16
Ibid
 Therefore the pronouncement made by President Nuvallus the on 9th of January 2013, along with
the Reverentian Parliament adopted a resolution titled “On the Crisis in East Agnostica” and the
Reverentian Military presence on the border of East Agnostica constitutes a major breach of its
international obligations.

The Reverentian Government cannot use the “right to self determination” of East Agnosticans to
upheld the validity of its encouragement as their acts encroached upon the territorial integrity, political
unity and sovereignty of Agnostica which was recognized and protected by the International Law.
Sources

UN Resolution and other Documents

General Assembly resolution 375/IV, United Nations Draft Declaration on Rights and Duties of States,
A/RES/375/IV (6 December 1949).
General Assembly resolution 25/2625, Declaration on Friendly Relations and Cooperation among States,
A/RES/25/2625 (24 October 1970).
Article 2(4) of the U.N. Charter
Article 7(51) of the U.N. Charter

International Cases and Arbitration

Case Concerning Military and Paramilitary Activities In and Against Nicaragua (Nicaragua v. United States of
America); Merits, International Court of Justice (ICJ), 27 June 1986

Journal Article
Marxsen, C. (2015). Territorial Integrity in International Law . Max-Planck-Institut für ausländisches öffentliches
Recht und Völkerrecht.
Monahan, Patrick J.. "The Law and Politics of Quebec Secession." Osgoode Hall Law Journal 33.1 (1995) : 1-33