International Law Exam 2 Flashcards
Constitutive Theory
Represents the ability to acquire Statehood through Recognition. Membership is dependent on acceptance by international community.
Declaratory Theory
Represents the ability to acquire Statehood when these 4 standards are met Population, Territory, Government, and Capacity to enter international relations. Recognition only represents states opinion not fact.
Montevideo Convention
Supported 4 standards for statehood. Population, Government, Ability to enter international relations, Territory
5 Principles of State Jurisdiction
Territory- Happens on a states territory, Nationality- States can claim authority over their nationals, Protection- States can take steps to protect themselves against non-nationals if their actions hurt a state, Passive Personality- States can prosecute someone who hurts their nationals, Universal- A state may have jurisdiction over crimes that are against all people
Legal Personality of International Institutions
Public IOs are recognized to have international legal personality similar to that of states. Created mostly by treaty to handle international law that states cannot, centered around functions. Can maintain rights by bringing international claims.
How Have IGOs changed lawmaking
States are drived to regulate based on multilateralism and functionalism. IGOs created a permanent structure for diplomacy and helped eliminate the problems with AD hoc courts. States have less power and IOs can bring claims in certain international law and.
Sources of UN legal personality and immunity
UN Charter article 105- UN shall enjoy privileges and immunities necessary to carry out its function in each and every one of its member states. UN is Sovereign.. General Convention- Establishes Legal personality and immunity of UN. Representatives of UN have immunity when exercising their functions and during the journey to and from the place of UN meetings
Structure and Functioning of the UN
Created primarily to provide collective security. Charter Article 103- UN over individual obligations. Resolutions are nonbinding, Security council must sign off.
European union; its uniqueness in the system, basic history
Evolved from cooperative treaties among 6 european nation states to become a 28 member supranational actor with distinct legal personality.
EU Legal Supremacy
EU law supersedes domestic law, Flamino Costa v ENEL
Immunities (State, Sovereign, Diplomatic)
Sovereign states are shielded from having to respond to suits in the courts of another country. ICJ agreed states have fundamental right to sovereign immunity. Functionally necessary for states to have immunity to perform function without fear of prosecution. Personal immunity can cover both public and private acts from individuals office. Functional immunity covers all acts of state officials determined by the nature of the acts rather than the office held. Diplomats may not be searched or arrested they may be expelled. States can waive immunities
Supranational vs Intergovernmental Organizations
Supranational organizations rely on more power with the union then individual states. Intergovernmental organizations have more power in individual states than unions. And consensus decision making and
Roles of NGOs in international law
NGOs are voluntary associations of individuals working together for a common purpose. NGOs can influence law with advocacy campaigns and putting pressure on states and setting the agenda. They can also carry out norms, submit amicus curae briefs, and monitor state behavior.
Attribution of State responsibility
When can state behavior be legitimatley attributed to a state? Generally agreed that a state is responsible if the conduct of a person or group is under the directions, instruction, or control of a state under the pretense of breaking international law.
Consequences for violations of public international law
Restitution- Restore the situation to its former state (Return stolen Boat) Compensation- Renumeration to some level accepted by the parties, punitive damages not likely. Satisfaction- Acceptance of responsibility, without material compensation