6- Subjects of IL

Question 1

define subjects

Answer 1

entites that the law regards as having rights and duties.

Question 2

international legal personality exists in two varaints

Answer 2

1) objective
2) qualified

Question 3

define objective personality (ERGA OMNES)

Answer 3

if an entity has objective personality, it’s subject to a wide range of intl rights and duties and is accepted by an intl person by any other intl person conducting relations (ERGA OMNES)

Question 4

define qualified personality

Answer 4

if an entity has qualified personality, it only has legal rights insofar another entity with legal personality accepts it has a legal personality.

Question 5

compare “recognition” in objective versus qualified personality

Answer 5

objective personality -> recognized as an international subject by other international subjects

qualified personality -> recognized as an international subject only for specific purposes or within specific contexts.

Question 6

compare relationships in objective versus qualified

Answer 6

objective personality -> can enter into r.ships with other subjects (e.g traties, or diplomatic relations)

qualified personality -> can enter into r.ships with other subjects in specific contexts

Question 7

according to “…” only states were considered subjects of IL

Answer 7

according to the orthodox positivist doctine, only states were considered to be subjects of IL.
Today, this view has been challenged, and most IOs are considered to have legal personality.

Question 8

qualifications of statehood by the montevido convention of 1933 (4)

Answer 8

1) permanent population
2) defined territory
3) government
4) capacity to enter into relations

Question 9

according to the montevido convention permanent populations must not consist of

Answer 9

• voluntary associations of robbers and pirates
• unsettled hordes

Question 10

according to the montevido convention, does the existence of territorial conflict or boundary disputes affect statehood

Answer 10

NO, its ok as long as there’s a stable community within a piece of territory which is undeniably controlled by the government

Question 11

constitutive theory of statehood

Answer 11

recognition by other states is a necessary element for a state to be considered a state
-> a state doesn’t exist until others recognize it.

Question 12

declaratory theory of statehood

Answer 12

statehood is a fact, recognition only acknowledges that fact
-> you don’t need to be recognized to be a state.

Question 13

what does the montevido convention say about recognition?

Answer 13

According to the Convention, statehood is a fact, and recognition only acknowledges that fact.

Question 14

diplomatic relations vs. state recognition

Answer 14

Two states can have diplomatic relations without one recognizing the other as a state.

-> Diplomatic relations refer to the formal relationship between states

-> State recognition is the acknowledgment of a state’s existence.

Question 15

according to the The traditional positivist doctrine who are subjects of IL?

Answer 15

THE STATE ONLY!

• individuals can’t directly claim rights under IL.

Question 16

are individuals considered subjects of IL nowadays?

Answer 16

Nowadays, many would recognize individuals (whether as individuals or in groups) as participants and, in some cases, subjects of IL.

Question 17

what has been the primary means through which individauls gained a status in IL?

Answer 17

HR!

• Traditionally, individuals’ rights were wholly at the mercy of the state they belonged to; aliens sometimes were protected by specific treaties between their parent state and the other state. Currently, individuals and groups have more direct access to international courts.

Question 18

history of individuals in IL

Answer 18

After World War I, the idea of group rights became part of international law. In certain cases, individuals could also assert their rights directly to international tribunals with the permission of a treaty. After World War II, the protection of human rights became a significant part of international law, whether it is individually or collectively.