A/HRC/37/63
(m) States shall negotiate in good faith for the early conclusion of a universal
treaty on general and complete disarmament under effective international control
(A/HRC/27/51, paras. 6, 16, 18 and 44);
(n)
States may not organize or encourage the organization of irregular forces or
armed bands, including mercenaries, for incursion into the territory of another State;
(o)
States must refrain from intervening in matters within the national
jurisdiction of another State;
(p)
No State may use or encourage the use of economic, political or any other
type of measures to coerce another State in order to obtain from it the subordination of the
exercise of its sovereign rights and to secure from it advantages of any kind;
(q)
No State may organize, assist, foment, finance, incite or tolerate subversive,
terrorist or armed activities directed towards the violent overthrow of the regime of another
State, or interfere in civil strife in another State;13
(r)
The use of force to deprive peoples of their national identity constitutes a
violation of their inalienable rights and of the principle of non-intervention;
(s)
The ontology of States is to legislate in the public interest. The ontology of
business and investment is to take risks to generate profit. A treaty that stipulates one-way
protection for investors and establishes arbitration commissions that encroach on the
regulatory space of States is by nature contra bonos mores. Hence, the investor-State
dispute settlement mechanism cannot be reformed; it must be abolished (see A/HRC/30/44,
paras. 8, 12, 17 and 53, and A/70/285, paras. 54 and 65);
(t)
States must respect not only the letter of the law, but also the spirit of the law,
as well as general principles of law (Statute of the International Court of Justice, Article 38),
such as good faith, the impartiality of judges, non-selectivity, uniformity of application of
law, the principle of non-intervention, estoppel (ex injuria non oritur jus), the prohibition of
the abuse of rights (sic utere tuo ut alienum non laedas) and the prohibition of contracts or
treaties that are contra bonos mores. It is not only the written law that stands, but the
broader principles of natural justice as already recognized in Sophocles’ Antigone,
affirming the unwritten laws of humanity, and the concept of a higher moral law prohibiting
unconscionably taking advantage of a weaker party, which could well be considered a form
of economic neocolonialism or neo-imperialism (see annex II below);
(u)
States have the duty to cooperate with one another, irrespective of the
differences in their political, economic and social systems, in order to maintain
international peace and security and to promote international economic stability and
progress. To this end, States are obliged to conduct their international relations in the
economic, social, cultural, technical and trade fields in accordance with the principles of
sovereign equality and non-intervention. States should promote a culture of dialogue and
mediation;
(v)
The right to access reliable information is indispensable for the national and
international democratic order. The right of freedom of opinion and expression necessarily
includes the right to be wrong. “Memory laws”,14 which pretend to crystalize history into a
politically correct narrative, and penal laws enacted to suppress dissent are anti-democratic,
offend academic freedom and endanger not only domestic but also international democracy
(see A/HRC/24/38, para. 37);
(w) States have a duty to protect and preserve nature and the common heritage of
humankind for future generations.
13
14
Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of
America), Merits, Judgment. I.C.J. Reports 1986, p. 14. Available at www.icj-cij.org/files/caserelated/70/070-19860627-JUD-01-00-EN.pdf.
Human Rights Committee, general comment No. 34 (2011) on the freedoms of opinion and
expression, para. 49.
7
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