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Max Planck Encyclopedia of Public International Law [MPEPIL]

States, Fundamental Rights and Duties

Sergio M Carbone, Lorenzo Schiano di Pepe

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 January 2020

Subject(s):
Human rights — Responsibility of states — Sovereignty — States, equality — States, independence — Codification

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 Being the most prominent among the different subjects of international law, a State is by definition endowed with the capability of bearing rights and duties under international law. Whilst these may derive from a variety of sources of international law, including treaties and customary international law, the question arises as to the existence of rights and duties inherently linked to the creation and the essence itself of a State and, thus, independent of other sources of legal obligation of a voluntary or customary, particular or general character (General...
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