DOCTRINE OF EQUALITY OF STATES
One of the fundamental rights of a state is equality with all other states. This right is inherent in the concept of a state as a subject of INTERNATIONAL LAW and is given general recognition by long-standing state practice. Precise definition of the principle of equality of states is difficult, however, since many factors affect its application in any particular situation. Thus, it is best to differentiate between legal equality, that is, the concept of state equality as it applies to the legal relations that states maintain with each other, and political equality, which reflects the relative distribution of economic and military power between states.
In its legal effects the principle of state
equality has several important consequences.
Probably the most important manifestation of
the doctrine is the right of every state to have
one vote in matters requiring the consent of
states. A natural consequence of this is that the
vote of every state, no matter how large or small
the state, counts the same as the individual votes
of all other states. Legal equality also means that
no state can claim jurisdiction over other states,
and as corollary, a state is independent of the
political will of all other states. From this also
flows the concept of SOVEREIGN IMMUNITY,
which prevents one state from being sued in the
courts of another state without the consent of
the first state. Likewise, equality of states means
that no other state can question the legality of
official acts of another state, a rule known in
U.S. law as the act of state doctrine.
The doctrine of equality of states means one
thing in legal effect, but it also must be reflected
against the realities imposed by differences in
political power. Political equality is in some
sense a fiction, because in political terms few
states are equals.More powerful states can estab-
lish arrangements that less powerful states
assent to informally, even though under a strict
legal regime, they would not be bound by the
