Duties and Rights of Sovereign States
By: Kevin • Essay • 1,255 Words • May 14, 2010 • 1,512 Views
Duties and Rights of Sovereign States
In his work "The Law of Nations or the Principles of Natural Law" Emer de Vattel uses authoritative appeals which express his views to the reader that in an international society of sovereign states, each state has certain undeniable rights and duties to which they are obligated. He states that in the law of nature men have mutual duties to assist one another. Since men are incapable of providing sufficient for themselves to improve their state of being, they must therefore "work together for the mutual improvement of their condition in life" (Vattel, 100). Nations are bound by the same laws of nature and duties that individuals are bound, however a sovereign nation is only obligated if it has the ability to provide for a nation in need without placing itself in harms way.
The basis of Vattel's argument is like the golden rule. "Do unto others as ye would have them do unto you." If nations hope to receive help and strength during their times of need the must also provide that same measure of charity to others when able. Vattel states that "Whatever we owe to ourselves we owe also to others, as far as they are really in need of our help and we can give it to them without neglecting ourselves." It is a matter of our duty to humanity. All nations, if they are to expect aid in their times of need, must give of their support, resources and essentially all they possess. Vattel also argues this point, "Do not raise the objection that a sovereign has not the right to expose the life of his soldiers for the safety of a foreign nation with which he has not contracted a defense alliance. He may happen to have like need of help; and therefore by putting into force the spirit of mutual assistance he is promoting the safety of his own nation."
Vattel does not limit the duty that nations owe to one another to only times of war but also times of distress from uncontrollable elements such as famines, pestilences or natural disasters. Nations have the duty to provide necessary provisions for nations as long as they are able without placing themselves in scarcity. "If that nation can pay for the provisions furnished it, they may very properly be sold at a fair price, for there is no duty of giving it what it can provide for itself, and consequently no obligation of making a present of things which it is able to buy" (101).
It is also Vattel's view that nations have the right to ask for assistance whenever they feel the need however they may not demand that provisions be given. Every country also has the right to determine whether or not they are capable of extending aid without disregarding the duty to their own people. However there is no right or authority that allows one nation to compel another to receive aid. Vattel makes the claim humanity should come from the "pure source" of love, "then we shall see Nations aid one another with sincerity and true kindness, labor earnestly for their common happiness, and promote peace without jealousy and without distrust." He also explains that there should be no consideration of religion when rendering aid, but that nothing is required except that he be a fellow man. It is to the advantage of nations to build friendships with other nations and be careful not to offend, for the more friends you have the less enemies you have.
Sovereign nations are not obligated to provide for another nation that would use the provisions against the first. This would be a failure of its duty to itself. It is in the best interest of nations not to provide a nation suspected of planning to destroy another, however Vattel states that "but where there is question of the necessities or conveniences of life the nation ought to sell them to others at a just price and not make use of its monopoly as a means of oppression." However I would ask in regard to this comment, how can you ensure that a nation you sell goods to will not trade or sell them for a price to your enemy from whom you have withheld the goods? If a country seeks to gain provisions that will aid them in achieving their goals, they would be willing to pay a great price to obtain those goods. I would argue that a