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8 Ateneo L.J. 1 (1958-1959)

handle is hein.journals/ateno8 and id is 1 raw text is: JULY-AUGUST 1958 ATENEO LAW JOURNAL ARTICLE 4 OF THE DRAFT DECLARATION OF RIGHTS AND DUTIES OF STATES Ricardo Jos4 Romulo* AIE DE MEMOIRE T HIS paper is mainly an effort to collect all the pertinent treaties and authorities bearing on a State's responsibility for fomenting civil strife. It also primarily seeks to analyse the scope and limitations of that legal duty. As far as I know this is the first time this subject matter has been treated in this manner. Tangentially it touches on the following points which are of vital con- cern to international law and the United Nations today: (1) what is the United Nations Charter's concept of aggression and (2) does the Charter for- bid member states from using or even threatening to use armed force of any kind and under any circumstances in their foreign relations? The crisis in the Middle East underscores the paramount importance of the subject matter of this paper, and illustrates the fact that we are not dealing here with something of mere academic interest. We have in the Middle East elements of aggression, the use of force, intervention, and the fomenting of civil strife-all of which are dealt with in this paper. A full month of research and another three weeks of writing and some more research went into the making of this paper. It was written under the direction of Professor Louis B. Sohn. Professor Sohn and another Harvard professor are themselves engaged in essaying to codify the Rights and Duties of States for the United Nations. I am happy to say that they have been able to make use of this paper and have found the collation of authorities and precedents most helpful in their enormous task. In 1949 the International Law Commission drafted pursuant to a Gen- eral Assembly resolution' a Declaration on the Rights and Duties of States. AlB., cum laude (Georgetown Univ., 1955); LLB. (Harvard Law School, 1958). I Resolution 178 I; CAOR II (A/925) 112 (1947). 1 Digitized from Best Copy Available VOLUME VlllI NUMBER I

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