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AN APPRAISAL OF THE DOCTRINE OF NON-INTERVENTION IN INTERNATIONAL LAW

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 Format: MS WORD ::   Chapters: 1-5 ::   Pages: 56 ::   Attributes: Reviews ::   3,254 people found this useful
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CHAPTER TWO

2.0     THE     DEVELOPMENT     OF     THE     PRINCIPLE     OF     NON-

INTERVENTION

2.1    Introduction

After the Second World War, it was the desire of the international community not to do anything which would rupture the stability, peace and security of the world or globe. For this reason, during the preparation of the United Nations Charter at Damberton Oaks, England, it was decided that, in as much as the member nations could seek for specific settlement of international disputes, some limitations were desirable under which circumstances, intervention should not be entertained by the United Nations.[1] One of the circumstances is, when the subject matter of a complaint is essentially within the domestic jurisdiction of a state2. That is to say, if the issue, problem or complaint is absolutely termed local; in which case the attention of the United Nations to the problem, issue or complaint is not necessary. This problem was even perceived during the operation of the League of Nations, which preceded the United Nations. 

In this chapter, the task is to define, trace the development and limitations which are placed on the principles of non-intervention. The idea of sovereignty of state shall be discussed and how it is interwoven with the concept and principle of non-intervention.

Lastly, the recent trends of the concept and principle of nonintervention will be discussed.

2.1.1 Meaning of Non-Intervention

Most writers on international law do not bother to define what nonintervention means. Rather, they try to define intervention. Therefore, the meaning of intervention defined in a positive way, will be the meaning of non-intervention in a negative way.

                           According to international law, the word intervention means

“interference with matters essentially, within the domestic jurisdiction of a state.”[2]To Hingorani, intervention means a “dictatorial interference in the affairs of another sovereign state.”[3] In another meaning, it is the use of force or threat of use of force for the purpose of getting support or otherwise of the country for which influence was exerted[4]. Non-Intervention may mean, restrain from exacting an act by use of force on another country, which has sovereign equality with others. Or, in another way it means restrain from act capable of denying or rupturing the idea of the principles of self-determination of a sovereign country[5].

According to Oppenhiem, intervention means, specifically “a

dictatorial interference by a state in the affairs of another state for the purpose of maintaining or altering the actual conditions of things.”[6]Stark defines Intervention as “act contrary to the will of the Victim State and must, by design or implication impair the political independence of that state.”[7]It is submitted that, the principle of non-intervention is a fundamental principle of contemporary international law, which prohibits not only armed

intervention but all direct and indirect intervention in the domestic affairs of a sovereign state. 

2.1.2 Historical Development of the Principle of Non-Intervention

Many authors, including Cobden[8], Mill[9], Kant11 and Mazinni12 had espoused the theory of non-intervention.Cobden, a Manchester businessman and subsequently a professional politician, wrote in 1935 and advocated an absolute adherence to non-intervention by Britain. In his estimation, Britain, being a manufacturing nation depended upon trade, needed peace as pre-requisite for meaningful trade. He did not ascribe to the view which perceived Britain as the carrier of schemes of universal benevolence, “as enforcer at the behest of the Almighty in every part of the globe”[10]or as the “gendarme whose office it was, gratuitously, to keep in order all the refractory nations of Europe”[11]He thus did not recognise humanitarian intervention as an exception to the doctrine of non-

intervention.

 

[1] See Preamble to the Statute: Charter of the UN Statute of the International Court of Justice, United Nations. New York (1945) p.3 2 Ibid.

[2] Nicaragua v. USA (1986) ICJ Report. Pp. 723-731 

[3] Hingorani, R.C., Modern international Law. Oxford & IBH Publishing Co., New Delhi Bombay Calcutta, 3rd Edition (1985) P. 303.

[4] Nicaragua v. USA (Supra) p. 728 

[5] Ibid. p. 731

[6] Oppenhiem, L. International Law.  Longman. (1952) Vol. 1.  p. 34.

[7] Stark, J.G. Introduction to International Law. Sweet & Maxwell, London, 9th Ed. (1984)  p. 99

[8] Vincent, R.J. Non-Intervention and International Order. University Press, (1974) p. 281

[9] Mills, J.S A Few Words on Non-Intervention. Reprinted from Fraser’s Magazine, December, 1859 In: Mills, Dissertations and Discussions Political, Philosophical and Historical, London (1875) Vol. 111.  Pp. 153-178 11Vincent, R.J. Non-Intervention and International Order. Op. Cit p. 281. 12 Ibid.

[10] Bright and Rogers, Speech to the House of Commons, June 5, 1855, Vol. 1, p. 51.

[11] Vincent, R.J. Non-Intervention and International Order. Op. Cit, p. 9.   15 Mills, J.S A Few Words on Non-Intervention. Op. Cit p. 153-178. 16 Ibid.  


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