Types of countries in terms of sovereignty

Countries in terms of sovereignty are divided into two types: fully sovereign states and the countries incomplete sovereign states.

First : fully sovereign nations    
States fully sovereign are states, which are not subject to the exercise of all its internal affairs and external to the control of another State, or in other words, States  fully sovereign are State which owns directly all specialties recognized by the Public International Law of the State, without there being a sergeant by the States the other without there being any control.Fully sovereign state to be independent in managing its internal affairs and external. This situation is normal, which must be originally by the state by virtue of its presence by law. This is the actual reality of most countries. Fully sovereignty does not mean absolute freedom to act in the internal affairs and external, but must always be understood that the State fully sovereign subject of international law and those that you impose restrictions.

Second : state sovereignty is incomplete 
State sovereignty, the state is incomplete does not have absolute freedom in the exercise of sovereignty relate to another country or countries, such as its subject or protected under that assignment or guardianship.There is a difference between the countries incomplete sovereignty and constituent states of the federation. States involved in the federation does not have any foreign sovereignty. States involved in the federation are not considered subjects of international law in the year due to enter the union lost statehood and have no independent international entity.Incomplete state sovereignty and international personality have but deprived of its sovereignty to exercise sovereignty over all or some sovereignty.

Theory of Law, The Nature of Law

In the strict sense,the word - Law – means rules of conduct imposed by a state upon its members and enforced by the courts. Laws are rules of conduct laid down for the purpose of directing menʼs actions.Social life would be broken up in anarchy unless men were prepared to follow recognized rules in their relations with each other.

Obedience by man to social rules enables all the members of the society to cooperate for common ends.In the technical sense,Law means the body of rules which governs and regulates the social conduct of people and which is enforced by a sanction. Legal rules are social , general and enforced by a sanction. Sanctions are imposed by courts and enforced by the State.

The rules of law is social

Because it guides and controls relations and transactions among people living in a socity. It only deals with the external conduct of persons.thus it is not concerned with the internal thoughts or beliefs.

The rules of law is generally applicable

Which means that it is applied to all cases and all persons living in the state.whether they are nationals or foreegners. Rules of law is general even if it is applicable to one person only

The rules of law is imposed by a sanction

Against any person refuses to obey it voluntarily. A sanction may take the form of penalty if the personʼs conduct constitutes a crime. Criminal penalties are capitol punishment, imprisonment and fine. A sanction may also be civil if the personʼs conduct encroaches upon civil law. In this case the sanction can be invalidity of a contract or the restitution of what has been delivered or the payment of compensation.

A part from the laws laid down by the State and enforced by the courts, there are certain customary rules of behavior called – rules of morality -. These are not enforced by the courts and depend for their obedience on the force of public opinion. The crucial difference between rules of law and rules of morality, therefore lie in the method of enforcement of each. Compulsion, coercion and enforcement are the main characteristics of the rule of law. It is the force behind the law, which makes us obey and respect it.  

International Responsibility and Peaceful Settlement of Disputes

 Whenever the breach of any obligation under International Law causes damage,a new legal relationship arises between the State committing the illegal and the State injured thereby. the former becomes responsibility to the latter.
So there three elements of State responsibility:
1- an illegal act.
2- injury or damage.
3- link of causation between the act and the damage.

The Illegal Act

International responsibility can only arise as the result of the breach of an international obligation,whether of treaty.customary rules or general principle of law.the abuse of a right is to be assimilated to the breach of an obligation for this purpose.the breach may be act or an omission.

2- The Damage or Injury

An international person is entitled to reparation for any form of damage,whether material or moral to itself or those it is entitled to protect.

3- Causation

The link of causation between the Illegal Act and the Damage is inherent in the concept of responsibility,not only the direct but also the indirect.

The Peacful Settlement of Disputes

According to Article 33 of the Charter of the United Nations.the parties to any dispute,the continuance of which is likelyto endanger the maintenance of international peace and security,shall first for all,seek a solution by peaceful means.
the peaceful means are as fallow:

1-Diplomatic modes of settlement.

   a-Negotiation.
   b-Good offices and Mediation.
   c-Conciliation.

2-Judicial modes of settlement.

   a-Arbitration.
   b-International Court of Justice.
3-Settlement by the International Organisations.

Associations or Groupings of States

States are free to form associations of groupings for general or particular purpose. the Commonwealth mentioned above,remains an outstanding illustration and so also the Organisation of American States ( OAS ),and the Organisation of African Unity.some of these association or groupings for example the European Economic Community ( Common Market ),and the North Atlantic Treaty Organisation ( NATO ) are in effect of the charter on international organisation.
Since the end of the Second World War, the number of such associations or groupings of States has rapidly increased. the principal functions or purposes served by them are political or economic or related to the mutual defence and security of members.
On the economic side, there is the European Economic Community ( Common Market ) established by the Treaty of Rome of 25 march 1957, the European Free Trade Association ( EFTA ) established by Stockholm Conversation of 20 November 1959 and the Lation  American Free Trade Association ( LAFTA ) established by the Montevideo Treaty of February 1960.
Examples of union or alliances of States for mutual security purposes,supported by permanent machinery are the North Atlantic Treaty Organisation ( NATO ) formed pursuant to the North Atlantic Security of 4 April 1949, the South-East Asia Treaty Organisation ( SEATO ) established under the South-East Asia Collective Defence Treaty signed at Manils of 8 September 1954 and the association for security purposes at Australia,New Zealand and the United States ( ANZUS ) under their Security Treaty signed at San Francisco on 1 September 1951.
It is too early as yet to determine the precise impact on International Law of these associations or groupings,each with permanent organs,some of which indeed have been invested with unusual powers, Usage and practices may develop ,pointing the way to a new field of International Law.

the Specialized Agencies

The Specialized Agencies are independent inter-governmental organisations,established by constitutional treaties with responsabilities in economic,social and Human Rights and brought into relationship with the UN. by special agreement in accordance with article 57 and 63 of the charter.
The Specialized Agencies serve on of the purpose of the UN. international economic and social cooperation and several of them have been created on the initiative of the UN. at conferences called together by one of its organs.
Though the Specialized Agencies are governed by the sole authority of their own Assemblies and Councils,the Economic and Social Council may make recommendations for the coordination of their policies and activities. the Cheif executives of the UN and Agencies meet in a standing coordinating commities and a large similarity exists between UN and the Agencies in matter such as status of personal,staff rules.

The following Specialized Agencies are brough into relationship with the UN:

1-International Labour Organisation ( ILO ).
2-Food and Agriculture Organisation ( FAO ).
3-UN.Educational,Scientiffic and Cultural Organisation ( UNESCO ).
4-International Civil Aviation Organisation ( ICAO ).
5-World Health Organisation ( WHO ).
6-Universal Postal Union ( UPU ).
7-International Telecommunication Union ( ITU ).
8-World Meteorological Organisation ( WHO ).
9-Intergovernmental Maritim Consultative Organisation ( IMCO ).
10-International Bank for Reconstruction and Development ( IBRD ).
11-International Development Association ( IDA ).
12-International Finance Corporation ( IFC ).
13-International Monetary Fund ( IMF ).
14-The General Agreement on Tariffs and Trade ( GATT ).
15-The International Atomic Energy Agency (IAEA ).

the United Nations ( UN )

The United Nations ( UN ) is the international organization that has most attention due to its global character,the emphasis of its charter on the problem of war and peace,and the wide range of its activity increasing in an interdependent world.but the UN is only a part of the modem of international organizations.in addition to the intergovernmental organizations with wide international responsibilities that have been brought into regularized relationship with the UN. as specialized agencies,there are other global organizations with highly specialized and technical functions and there are army of regional organizations with limited membership and varied function.
the Structure and Functions of the UN:
The Article 7/1 of the charter indicates that the structure of the UN. consists of six branches as follow:
1-The General Assembly.
2-The Security Council.
3-The Economic and Social Council.
4-The Trusteeship Council.
5-The Secretarait of the UN.
6-The International Court of Justice.

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1-The General Assembly 

The General Assembly is the most important branch of the UN.every member-state is represented in the General Assembly by five representatives but has one vote.The General Assembly is considered as a legislative power.so it has the right to discuss and make recommendations on all matters within the scope of the charter and the right to discuss the powers and functions of all other organs of the UN. it elects the ten non-permanent members of the security council and the 54 members of the Economic and Social Council. it approves the budget of the entire organization which is financed by contributions from its members and discuss the reports of all the other organs the UN. its decissions are taken by a two -thirds majority.

2-The Security Council

The Security Council is considered as an executive powers.it consists of 15 members,five of which are permanent members ( USA,USSR.France,Great Britan and Popular China) and ten of which are non-permanent members elected by the General Assembly for a one or two years term.The Security Council is responsible for the maintenance of peace and security of the Nations. it has the right to investigate any dispute or situation which might lead to friction between two or more countries.members of the Council,as well as other member-states of the UN. or even non-members as also the Secretary-General and the General Assembly may bring such disputes or situations to the councils attention.
The Council has the right to recommend procedures of peacful settlment. if there are a branch of peace of an act of agression, the Security Council has the right to take me asures of enforcement in order to restore the peace.these measures include severance of economic relation and if required action by air,and sea forces.
For these purpose the members of the UN.have agreed that the Council is acting for all of them and that they accept and carry out its decisions.
It is important to take into consideration that the decision of the Council on any matter other than the question of producer must be taken by an affirmative vote of 9 members including the votes of the permanent members.each state of the permanent members in the Council has the right to hinder this decision.this right is populary known as the veto provilage.the failure of the Security Council to reach to substantive decisions on many disputes was a result of the veto privilage.
We must knoqw that the presidency of the Council is held monthly in turn by the member states in English aiphahatical order has a number of commissions which advise and assist it on special matters.

3- The Economicand Social Council

The Economic and Social Council is one of the main branches of the UN. its function isto try and promote higher standards of living and conditions of economic and social development.On of the important tasks of the council is to bring the specialized Agencies into relationship with the UN. by agreements and to coordinate their activities.the Council is composed of 54 member-state,18 of which are elected every year by the General Assembly for a three years term.it meets as often as is required to perform its duties.the Council may invite observs representatives of specialized Agencies to participate in discussions without having had the right to vote about any matter of particular concern.the decisions of the Council must be taken by the majority of those members which are presenting and voting.

4- The Trusteeship Council

The Trusteeship Council is one of the branches of the UNO. its tasks are to further the international peace and security. and to promote the political economic,social and eductional advancement of the inhabitants of the Trusteeship Territories. and their progressive development twoards self-government in accordance with the circumstances of each territory and the wishes of its people.
Members of the Trusteeship Council are States administering Trust,Territories,permanent members of the Security Council which do not administrate Trust Territories and enough other non-administrating countries elected by the General Assembly for three years terms to ensure that the membership is equally divided between administrating and non-administrating members.

5-Secretarial of the UN

the Secretarial of the UN is considered as the administrative center of the UN. it consists of a Secratary-General and such staff as UN. may require the Secretary-General if the cheif administrative officer of UN.he is appointed by the General Assembly on recommendation of the Security Council. his term of office is five years.he has the right to bring to the attention of the Security Council any matter which in his openion,may threaten international peace. he is required to submit an annual report to the General Assembly on the work of the UN.

6- International Court of Justice

The International Court of Justice is the principal judicial organ of the UN.it consists of 15 judges chosen by the General Assembly and the Security Council for a period of nine years.President and Vic-president of the Court are chiosen for a period of three years by the Court.

the Sovereignty of the State over the Air Space

The development of aviation as from the early years of the present century immediately raised problems as to the sovereignty of States over their air space.
Before the First World War (1914-1918) the only point on which there was universal agreement was that the air space over the open sea and over unappropriated territory was absolutely free and open.in regard to the air space over occupied territory and over waters subject to State sovereignty,there were a number of different theories,but upon the outbreak of the First World War in 1914.it was found,that the only theory commanding acceptance by States was theory of sovereignty of the State over the air space to an unlimited hight.this was adopted and enforced not merely by the belligerents,but also by neutral States.it was confirmed in Article 1 of the Paris Convention of 1919 for the Regulation of Aerial Navigation,where by the parties recognised that every State has complete and exclusive sovereignty over the air space above its territory and territorial waters.
The prodigious increase in trans-continental and inter oceanic aviation,following on technical developments both before and during the Second World War,raised new problems as to freedom of air transit and landing rights for international airlines.these and allied questions formed the subject of an International Civil Aviation Conference which met at Chicago in Nuvember 1944.the object of this Conference,at which over forty States were represented,was conclude world-wide arrangements governing commercial air traffic rights as well as technical and navigational matters relating to international aviation.the main discussion were concerned with obtaining agreement by all States to the concession of the Five Freedom of the Air,namely the rights of the airlines of each State to:
(1)-fly across foreign territory without landing.
(2)-land for non-traffic purpose.
(3)-disembark in a foreign country traffic originating in the State of origin of the aircraft.
(4)-pick up in a foreign country traffic destined for the State of origin of the aircraft.
(5)-carry traffic between two foreign countries.
Only the first two Freedoms appeared to obtain the support of  a majority of the States represented. accordingly,the Conference was constrained to draw up two Agreements:
(a)-The International Air Services Transit agreement providing for the first two freedoms.namely,flying without landing and landing rights for non-traffic purpose in foreign territory.
(b)-The International Air Transport Agreement embodying all Five Freedoms.
Besides these two Agreements the Conference drew up a Convention on International Civil Aviation setting out general principles of International Air Law and establishing a permanent International Civil Aviation Organisation.
The above-mentioned principles represent the main general rules of the International Law of the Air.
these leaves finally the problems of abuse of the air,already,so far as radio-communications are concerned.  the principles are emerging :
a-that every State has a right to prevent its air space being traversed by injurious transmissions of radio waves.
b-that every State is under a duty not to allow and to prevent its territory being used for the transmission of radio waves injurious to other States.
c-then there is the Moscow Treaty of 5 August 1963,banning unclear weapon tests in the atmosphere,in outer space and under water,under this Treaty the contracting States undertake to prohibit to prevent and not to carry out any unclear weapon test explosion,at any place under their jurisdiction or control in the atmosphere,beyond the limits of the atmosphere,including outer space or under water including territorial waters of the high seas.other modern technological developments appear to require some principles for the protection of all States from injury throgh the air space,for example,the use of atomic energy for certain purpose,may cause dangerous radiations affecting the air or clouds above the territory of neighboring States.the trend towards strct liability in this connection is reflected in the Treaty on the Principles Governing the Activities of States in Outer Space,including the Moon and Celestial Bodies,19 December 1966.