Chapter 2 - Who Makes International Law and its Recipients Flashcards
Who are the Subjects and Actors of International Law ?
Sovereign states are the traditional legal subjects of international law, followed by intergovernmental organisations.
But In international law there is no central authority granting international legal personality.
What kinds of sovereignty do states exercise?
- Internal sovereignty: jurisdiction to prescribe, to adjudicate and to enforce.
-External sovereignty: a state should be independent in making its foreign policy choices.
What is the principle of effectiveness in regards to states:
The principle of effectiveness emphasizes that for a state to be recognized as such, it must have the capacity to govern and control its territory, maintain law and order, provide essential services, and interact with other states. Effectiveness implies the ability to exercise effective control over both the internal affairs of the state and its relations with other states.
Some key aspects of the principle of effectiveness include:
(i) an independent and stable government;
(ii) a territory with settled borders within which the government in question exercises its jurisdiction;
(iii) a permanent population settled in that territory and ruled by the government in question.
What are the Constitutive recognition doctrine and Declaratory recognition doctrine, and which prevails?
Constitutive recognition doctrine: the fact of being recognised as a state by pre-existing states is as a further requirement for the acquisition of international legal personality.
Declaratory recognition doctrine: Recognition by other states is merely declaratory of the recognising state’s political acceptance of the factual and legal existence of a new social aggregate as a new state.
The declaratory doctrine prevails today. Realism.
Individuals are not typically subjects in international law but what developments have changed that somewhat?
The formation of international human rights law: has pierced the veil of domestic jurisdiction, reducing the shield of national sovereignty.
The formation of the rules on the protection of foreign direct investment: bilateral and multilateral treaties granting rights to foreign investors.
The evolution of international criminal law: Establishment of the International Criminal Court and other international criminal tribunals, under which individuals may incur international criminal responsibility.
What are entities that have an involvement in international law but do not have an international legal personality?
PINGOs - Public interests NGOs
NGOs are registered under the municipal law of a state, they have legal personality under that domestic law, but no international legal personality.
BINGOs -Business-Interests NGOs (corporations)
In what ways can NGOs participate in the international stage?
- Formally admitted in the international negotiations due to their expertise
2,Amici curiae in international adjudication. They may submit briefs on aspect of the dispute
3.Significant pressure on domestic and international political bodies engaged in the international law-making process. Pressure over States
4.Participation in the UN agenda, particularly within the ECOSOC
What are the kinds of Consultative Status that an NGO can have with ECOSOC?
1.General consultative status: large international NGOs whose area of work covers most of the matters on the ECOSOC
- Special consultative status: NGOs with special competence in only a few of the fields of activity covered by the ECOSOC
3.Roster status: other NGOs that the ECOSOC, or the UN Secretary-General considers can make occasional and useful contributions to the work of the Council
Why is it important for NGOS to participate in international law and particularly in the ECOSOC?
Participation of NGOS is very important because they can give a perspective that maybe the state doesn’t want. It can be a voice against its interest.
Example of protection of LGBT rights on a country that is politically against this particular protection. A country wouldn’t want to have them at the ECOSOC.
States may be banned from participating by states and this can be bypassed by the UN Secretariat.
How many members does the UN security council have?
15 members.
Out of these, 5 are permanent members with veto power, and 10 are non-permanent members elected for a two-year term. The permanent members are:
United States
United Kingdom
France
China
Russia
What is the only body where almost all states are represented?
The UN general assembly
Are the resolutions of the UN general Assembly binding?
Resolutions are a kind of soft law. They do not have a binding effect but a pressure effect.
is the statute of the ICJ part of the UN charter?
It is actually an annex, it has the same normative level but it’s not the charter.
