Losing of territorial sovereignty: Following reasons may cause lose the territorial sovereignty:
1. Withdrawal.
2. Delegation.
3. Merger.
4. Revolt.
5. Natural factors.
6. Occupation.
7. Sway or domination.
8. Judicial decision.
Neutrality: In its popular sense, neutrality denotes the attitude of a state, which is not at war with belligerents, and does not participate in the hostilities. In its technical sense, however, it is more than an attitude, and denotes a legal status of a special nature, involving a complex of rights, duties, and privileges at International Law, which must be respected by belligerents and neutrals alike.
Rational basis of neutrality: Neutrality is often justified by reference to the following consideration:
1. That it serves to localize war.
2. That it discourages war.
3. That is enable states to keep out of war.
4. That is regularizes international relations.
Neutrality and the United Nations Charter: Members states of the United Nations have no absolute right of neutrality. By article 41 of the United Nations Charter they may be under a duty to apply enforcement measures against a state or states engaged in war, if so called upon pursuant to a decision by the Security Council. Neutrality is not, however, completely abolished.
Rights and duties, in general, of neutral states: The status of neutrality involves rights and duties inter se of neutral states on the one hand, and of belligerent states on the other. Rights and duties are classified as under:
1. Abstention (restraint): The neutral state must give no assistance - direct or indirect - to either belligerent side, for example, it must not supply troops, or furnish or guarantee loans, or provide shelter for a belligerent'’ armed forces.
2. Prevention: The neutral state is under a duty to prevent within its territory or jurisdiction such activities as the enlistment of troops for warlike measures in its territory or territorial waters.
3. Acquiescence (compliance): The neutral state must acquiesce in the acts of belligerent states with respect to the commerce of its nationals if the laws of war duly warrant them. For example, the seizure of vessels under its flag for the carriage of contraband, adjudication by Prize Courts, and so on.
Duties of belligerent states: Similarly the duties of belligerent states may be summarized as:
1. Abstention (restraint): A belligerent state must not commit warlike acts on neutral territory or enter into hostilities in neutral waters or in the airspace above neutral territory, nor may it interfere with the legitimate intercourse of neutrals with the enemy, nor may it use neutral territory or waters as a base for belligerent operation, or as a starting point for an expedition.
2. Prevention: A belligerent state is duty bound to prevent the ill-treatment of neutral envoys or neutral subjects of injury to neutral property on enemy territory occupied by it.
3. Acquiescence (compliance): A belligerent state must, for instance, acquiesce in internment by a neutral state of such members of its armed forces as take refuge in neutral territory, or in the granting of temporary asylum by neutral ports to hostile warships so that necessary repairs may be effected.
Security Council: The Security Council consists of fifteen member-states. Five are permanent members-China, France, the United Kingdom, the USA, and the USSR. The other ten members of the Security Council are non-permanent, elected for two years by the General Assembly.
The number of non-permanent was increased from six to ten on January 01, 1966, as a result of an amendment of the Charter; as the membership of the United Nations increased. It was considered that the membership of the Security Council should also be increased, in order to give more states an opportunity of sitting on those two Councils.
There is an informal understanding that five of the non-permanent places should be filled by Afro-Asian states, two by Latin American states, one by an Eastern European state, and two by Western European and other states.
Functions and powers of the Security Council: Following are the functions of the Security Council:
1. Maintenance of international peace: In order to ensure prompt and effective action by the United Nations, its members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf. The Security Council’s principal functions consist on making recommendations for the peaceful settlement of disputes and taking enforcement action to deal with threats to the peace, breaches of the peace, and acts of aggression.
2. Binding decisions: The members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter. The Security Council thus has a power to take binding decisions, which member-states are under a legal obligation to obey.
3. Settlement of international disputes: Security Council is responsible for the pacific settlement of international disputes.
4. To call parties in disputes: The Security Council shall, when it deems necessary call on the parties to a dispute, the continuance of which is likely to endanger peace and security, to settle that dispute by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, action by regional agencies or under regional arrangements, or other peaceful means.
5. Investigation power: The Security Council may investigate not only any kind of dispute, but also situations which are such that they may lead to international friction or give rise to a dispute, in order to determine whether the dispute or situation is likely to endanger peace and security.
6. Recommendations for settlement: During the course of any dispute or situation, the continuance of which is likely to endanger peace and security, the Security Council may recommend appropriate procedures or methods of settlement. If all the parties to any such dispute so request, the Security Council may recommend terms of peaceful settlement.
7. Enquiry power: The Security Council may investigate not only any kind of dispute, but also ‘situations’, which are such that they may lead to international friction (wearing away) or give rise to a dispute, in order to determine whether the dispute or ‘situation’ is likely to endanger peace and security.
8. Preventive measures: Security Council is also responsible to take preventive or enforcement action to maintain peace and security.
9. Regional agreements: Security Council has to take care of regional agencies and regional agreement.
10. Control and supervision: Security Council is responsible for the control and supervision of trust territories classified as ‘strategic areas’.
11. Regulation of the members: The admission, suspension, and expulsion of members.
12. Legislative powers: Security Council has power to amend the Charter.
13. Election of the judges: The election in conjunction with the General Assembly, of the fifteen judges of the International Court of Justice.
14. Voting power: Each member of the Security Council has one vote.
15. Veto power: Members have also veto power as to binding on all the members of the United Nations.
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