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On March 12, 1975, the United States joined in approving Resolution 367 of the United Nations Security Council calling on all states to respect the sovereignty, independence, territorial integrity and nonalignment of the Republic of Cyprus.

See Dept. of State Bulletin, Vol. LXXII, No. 1866, Mar. 31, 1975, pp. 416-418. See also post, Ch. 13, § 1, p. 763.

Rights and Duties of States

General

A Declaration on Principles Guiding Relations between Participating States was adopted by the Conference on Security and Cooperation in Europe (CSCE), which opened at Helsinki on July 3, 1973, continued at Geneva from September 18, 1973, to July 21, 1975, and concluded at Helsinki on August 1, 1975, with signature of a Final Act. The Final Act, which was signed by representatives of 35 states including the United States, was a political statement of intent and did not constitute a legally binding international agreement.

In an address to the Helsinki Conference on August 1, 1975, President Gerald R. Ford, who signed the document for the United States, stated, in part:

The documents produced here represent compromises, like all international negotiations, but these principles we have agreed upon are more than the lowest common denominator of governmental positions:

-They affirm the most fundamental human rights: liberty of thought, conscience, and faith; the exercise of civil and political rights; the rights of minorities.

-They call for a freer flow of information, ideas, and people; greater scope for the press; cultural and educational exchange; family reunification; the right to travel and to marriage between nationals of different states; and for the protection of the priceless heritage of our diverse cultures.

-They offer wide areas for greater cooperation: trade, industrial production, science and technology, the environment, transportation, health, space, and the oceans.

-They reaffirm the basic principles of relations between states: nonintervention, sovereign equality, self-determinatian, territorial integrity, inviolability of frontiers, and the possibility of change by peaceful means.

The United States gladly subscribes to this document because we subscribe to every one of these principles.

The declaration on principles is set forth in the Final Act of the CSCE under the heading "Questions Relating to Security in Europe." Its text follows:

DECLARATION ON PRINCIPLES GUIDING RELATIONS BETWEEN PARTICIPATING STATES

The participating states,

Reaffirming their commitment to peace, security and justice and the continuing development of friendly relations and cooperation;

Recognizing that this commitment, which reflects the interest and aspirations of peoples, constitutes for each participating state a present and future responsibility, heightened by experience of the past;

Reaffirming, in conformity with their membership in the United Nations and in accordance with the purposes and principles of the United Nations, their full and active support for the United Nations and for the enhancement of its role and effectiveness in strengthening international peace, security and justice, and in promoting the solution of international problems, as well as the development of friendly relations and cooperation among states;

Expressing their common adherence to the principles which are set forth below and are in conformity with the Charter of the United Nations, as well as their common will to act, in the application of these principles, in conformity with the purposes and principles of the Charter of the United Nations;

Declare their determination to respect and put into practice, each of them in its relations with all other participating states, irrespective of their political, economic or social systems as well as of their size, geographical location or level of economic development, the following principles, which all are of primary significance, guiding their mutual relations:

I. Sovereign equality, respect for the rights inherent in sovereignty The participating states will respect each other's sovereign equality and individuality as well as all the rights inherent in and encompassed by its sovereignty, including in particular the right of every state to juridical equality, to territorial integrity and to freedom and political independence. They will also respect each other's right freely to choose and develop its political, social, economic and cultural systems as well as its right to determine its laws and regulations.

Within the framework of international law, all the participating states have equal rights and duties. They will respect each other's rights and duties. They will respect each other's right to define and conduct as it wishes its relations with other states in accordance with international law and in the spirit of the present Declaration. They consider that their frontiers can be changed, in accordance with international law, by peaceful means and by agreement. They also have the right to belong or not to belong to international organizations, to be or not to be a party to bilateral or multilateral treaties including the right to be or not to be a party to treaties of alliance; they also have the right to neutrality.

II. Refraining from the threat or use of force

The participating states will refrain in their mutual relations, as well as in their international relations in general, 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 and with the present Declaration. No consideration may be invoked to serve to warrant resort to the threat or use of force in contravention of this principle.

Accordingly, the participating states will refrain from any acts constituting a threat of force or direct or indirect use of force against another participating state. Likewise they will refrain from any manifestation of force for the purpose of inducing another participating state to renounce the full exercise of its sovereign rights. Likewise they will also refrain in their mutual relations from any act of reprisal by force.

No such threat or use of force will be employed as a means of settling disputes, or questions likely to give rise to disputes, between them.

III. Inviolability of frontiers

The participating states regard as inviolable all one another's frontiers as well as the frontiers of all states in Europe and therefore they will refrain now and in the future from assaulting these frontiers.

Accordingly, they will also refrain from any demand for, or act of, seizure and usurpation of part or all of the territory of any participating state.

IV. Territorial integrity of states

The participating states will respect the territorial integrity of each of the participating states.

Accordingly, they will refrain from any action inconsistent with the purposes and principles of the Charter of the United Nations against the territorial integrity, political independence or the unity of any participating state, and in particular from any such action constituting a threat or use of force.

The participating states will likewise refrain from making each other's territory the object of military occupation or other direct or indirect measures of force in contravention of international law, or the object of acquisition by means of such measures or the threat of them. No such occupation or acquisition will be recognized as legal.

V. Peaceful settlement of disputes

The participating states will settle disputes among them by peaceful means in such a manner as not to endanger international peace and security, and justice.

They will endeavor in good faith and a spirit of cooperation to reach a rapid and equitable solution on the basis of international law.

For this purpose they will use such means as negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice including any settlement procedure agreed to in advance of disputes to which they are parties.

In the event of failure to reach a solution by any of the above peaceful means, the parties to a dispute will continue to seek a mutually agreed way to settle the dispute peacefully.

Participating states, parties to a dispute among them, as well as other participating states, will refrain from any action which might aggravate the situation to such a degree as to endanger the maintenance of international peace and security and thereby make a peaceful settlement of the dispute more difficult.

VI. Nonintervention in internal affairs

The participating states will refrain from any intervention, direct or indirect, individual or collective, in the internal or external affairs falling within the domestic jurisdiction of another participating state, regardless of their mutual relations.

They will accordingly refrain from any form of armed intervention or threat of such intervention against another participating state.

They will likewise in all circumstances refrain from any other act of military, or of political, economic or other coercion designed to subordinate to their own interest the exercise by another participating state of the rights inherent in its sovereignity and thus to secure advantages of any kind.

Accordingly, they will, inter alia, refrain from direct or indirect assistance to terrorist activities, or to subversive or other activities directed towards the violent overthrow of the regime of another participating state.

VII. Respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief

The participating states will respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion.

They will promote and encourage the effective exercise of civil, political, economic, social, cultural and other rights and freedoms all of which derive from the inherent dignity of the human person and are essential for his free and full development.

Within this framework the participating states will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.

The participating states on whose territory national minorities exist will respect the right of persons belonging to such minorities to equality before the law, will afford them the full opportunity for the actual enjoyment of human rights and fundamental freedoms and will, in this manner, protect their legitimate interests in this sphere.

The participating states recognize the universal significance of human rights and fundamental freedoms, respect for which is an essential factor for the peace, justice and well-being necessary to ensure the development of friendly relations and cooperation among themselves as among all states.

They will constantly respect these rights and freedoms in their mutual relations and will endeavor jointly and separately, including in cooperation with the United Nations, to promote universal and effective respect for them. They confirm the right of the individual to know and act upon his rights and duties in this field.

In the field of human rights and fundamental freedoms, the participating states will act in conformity with the purposes and principles of the Charter of the United Nations and with the Universal Declaration of Human Rights. They will also fulfill their obligations as set forth in the international declarations and agreements in this field, including, inter alia, the International Covenants on Human Rights, by which they may be bound.

VIII. Equal rights and self-determination of peoples

The participating states will respect the equal rights of peoples and their right to self-determination, acting at all times in conformity with the purposes and principles of the Charter of the United Nations and with the relevant norms of international law, including those relating to territorial integrity of states.

By virtue of the principle of equal rights and self-determination of peoples, all peoples always have the right, in full freedom, to determine, when and as they wish, their internal and external political status, without external interference, and to pursue as they wish their political, economic, social and cultural development.

The participating states reaffirm the universal significance of respect for and effective exercise of equal rights and self-determination of peoples for the development of friendly relations among themselves as among all states; they also recall the importance of the elimination of any form of violation of this principle.

IX. Cooperation among states

The participating states will develop their cooperation with one another and with all states in all fields in accordance with the purposes and principles of the Charter of the United Nations. In developing their cooperation the participating states will place special emphasis on the fields as set forth within the framework of the Conference on Security and Cooperation in Europe, with each of them making its contribution in conditions of full equality.

They will endeavor, in developing their cooperation as equals, to promote mutual understanding and confidence, friendly and good-neighborly relations among themselves, international peace, security and justice. They will equally endeavor, in developing their cooperation, to improve the well-being of peoples and contribute to the fulfillment of their aspirations through, inter alia, the benefits resulting from increased mutual knowledge and from progress and achievement in the economic, scientific, technological, social, cultural and humanitarian fields. They will take steps to promote conditions favorable to making these benefits available to all; they will take into account the interest of all in the narrowing of differences in the levels of economic development, and in particular the interest of developing countries throughout the world.

They confirm that governments, institutions, organizations and persons have a relevant and positive role to play in contributing toward the achievement of these aims of their cooperation.

They will strive, in increasing their cooperation as set forth above, to develop closer relations among themselves on an improved and more enduring basis for the benefit of peoples.

X. Fulfillment in good faith of obligations under international law The participating states will fulfill in good faith their obligations under international law, both those obligations arising from the generally recognized principles and rules of international law and those obligations arising from treaties or other agreements, in conformity with international law, to which they are parties.

In exercising their sovereign rights, including the right to determine their laws and regulations, they will conform with their legal obligations under international law; they will furthermore pay due regard to and implement the provisions in the Final Act of the Conference on Security and Cooperation in Europe.

The participating states confirm that in the event of a conflict between the obligations of the members of the United Nations under the Charter of the United Nations and their obligations under any treaty or other international agreement, their obligations under the Charter will prevail, in accordance with Article 103 of the Charter of the United Nations.

All the principles set forth above are of primary significance and, accordingly, they will be equally and unreservedly applied, each of them being interpreted taking into account the others.

The participating states express their determination fully to respect and apply these principles, as set forth in the present Declaration, in all aspects, to their mutual relations and cooperation in order to ensure to each participating state the benefits resulting from the respect and application of these principles by all.

The participating states, paying due regard to the principles above and, in particular, to the first sentence of the tenth principle, "Fulfillment in good faith of obligations under international law," note that the present Declaration does not affect their rights and obligations, nor the corresponding treaties and other agreements and arrangements.

The participating states express the conviction that respect for these principles will encourage the development of normal and friendly relations and the progress of cooperation among them in all fields. They also express the conviction that respect for these principles will encourage the development of political contacts among them which in turn would contribute to better mutual understanding of their positions and views.

The participating states declare their intention to conduct their relations with all other states in the spirit of the principles contained in the present Declaration.

With a view to effectuating the above Declaration, the CSCE adopted the following additional provisions:

MATTERS RELATED TO GIVING EFFECT TO CERTAIN OF THE ABOVE PRINCIPLES

(i) The participating states,

Reaffirming that they will respect and give effect to refraining from the threat or use of force and convinced of the necessity to make it an effective norm of international life,

Declare that they are resolved to respect and carry out, in their relations with one another, inter alia, the following provisions which are in conformity with the Declaration on Principles Guiding Relations between Participating States:

-To give effect and expression, by all the ways and forms which they consider appropriate, to the duty to refrain from the threat or use of force in their relations with one another.

-To refrain from any use of armed forces inconsistent with the purposes and principles of the Charter of the United Nations and the provisions of the Declaration on Principles Guiding Relations between Participating States,

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