International Personality

Question 1

What is personality?

Answer 1

Capacity to bear rights and duties under international law

Question 2

Who are the only ones to posses full personality?

Answer 2

States

Question 3

Who or what has personality?

Answer 3

StatesInternational organisationsLegal/ natural persons

Question 4

When have individuals been seen to have international personality?

Answer 4

Nuremberg trials 1945

Question 5

When do individuals have rights they can assert on an international plane

Answer 5

ECHR 1950

Question 6

The degree of personality depends on the constituent treaty of the organisation

Answer 6

Reparations opinion 1949

Question 7

Indications of personality

Answer 7

Capacity to make treatiesCapacity to bring claimsImmunities under municipal lawScope of objectives and functions A

Question 8

What are the two theories of creation of states?

Answer 8

Declarative theory Constitutive theory

Question 9

Article 1 of the Montevideo treaty

Answer 9

Permanent populationDefined territory GovernmentCapacity to enter into relations with other stares

Question 10

Criticisms about the Montevideo treaty

Answer 10

It is the best of a bad batchIt is accepted by custom but it is far from comprehensive

Question 11

What is China’s population

Answer 11

1.3bn

Question 12

What is the Vatican’s territory

Answer 12

1m2

Question 13

What is the government factor about?

Answer 13

Basically about effective controlAbout who is responsible and accountable

Question 14

What is an exception to the government factor?

Answer 14

Congo 1960

Question 15

What is an example of government not failing if you have a civil war?

Answer 15

Somalia

Question 16

You need independence in law from the authority of any other states

Answer 16

Austo- German customs union case

Question 17

States that were not independent states but become member so the UN

Answer 17

Ukrain Palestine

Question 18

What are other criteria for states?

Answer 18

Entities cannot be created by force- Kuwait or Iraq

Question 19

What is an exception to states cannot be created by force?

Answer 19

Bangladesh- they argued self determination

Question 20

What about racist entities?

Answer 20

Cannot create a stateSouth Africa was a state before the apartite

Question 21

What is the background to self determination?

Answer 21

USA 1776French Rev 1789Russian Rev 1917

Question 22

What president in what plan said yes to self determination?

Answer 22

Woodrow Wilson Treaty of Versailles

Question 23

Where did self determination become part of the charter?

Answer 23

Art 1 and 55 of the UN CharterBut no definition

Question 24

What is uti posseditis?

Answer 24

You create states where your colonial entities used to exist

Question 25

What recognised self determination as custom?

Answer 25

The East Timor case

Question 26

What recognises self determination as erga omnes

Answer 26

Wall opinion (binds everyone)

Question 27

What narrowly addresses self determination?

Answer 27

Kosovo opinion

Question 28

What are examples of PIL not currently giving the right to break up existing states?

Answer 28

Chechnga - Russia

Question 29

Entities who decline to be states

Answer 29

Taiwan

Question 30

Entities who want to be states

Answer 30

Palestine

Question 31

Succession/ state extinction

Answer 31

Russia

Question 32

Which theory is the Montevideo treaty?

Answer 32

Declarative

Question 33

What is the constitutive theory?

Answer 33

Since the community of states is basically a political community, membership is dependent on acceptance by the existing members

Question 34

Which theory do lawyers prefer and why?

Answer 34

The declarative theory But the constitutive is stronger in practice It's naive to think that recognition would be purely a legal act, there is obviously some politics

Question 35

What about acceptance to the UN?

Answer 35

Largely seen as symbolic

Question 36

Where did the ICJ find that unilateral declarations of independence are not unlawful under international law?

Answer 36

Sudan and Kosovo

Question 37

What are the 4 ways statehood can change

Answer 37

A new state through succession- parent state exists but with less territoryDecolonisationStates may mergeStates may dissolve- total break up, no states continue the old

Question 38

What treaties would new states be subject to?

Answer 38

A number of ones they never actually technically agreed to

Question 39

What is the leading theory of international organisations?

Answer 39

Functionalism

Question 40

What is functionalism?

Answer 40

The idea that organisations are created to do with functions

Question 41

What says that the UN has international personality?

Answer 41

Reparations opinion 1949

Question 42

What says that all people have the right to self determination?

Answer 42

General Assembly declaration 1960

Question 43

Opinion 1 of the banditer commission

Answer 43

The existence or disappearance of the states is a question of fact; the effects of recognition by other states are purely declaratory

Question 44

Opinion no 2 of the banditer commission

Answer 44

Do they have the right to self determination? We should let people choose their nationality

Question 45

Opinion no 3

Answer 45

There is criticism of this opinion Relied on uti posseditis

Question 46

Opinion no 10

Answer 46

Decided to recognise Serbia and Montenegro as states- they are both part of the UN

Question 47

ICJ advisory opinion on kosovo's Declaration of Independence

Answer 47

By a vote of 10- 4 the declaration did not violate international law because there is no prohibition on declarations of independence. Did not violate SC resolution 1244

Question 48

Where was the right to self determination found to be jus cogens?

Answer 48

East Timor case

Question 49

What is the definition of self determination?

Answer 49

The process by which a country determines its own statehood and forms its own government

Question 50

What is the Connolly clause?

Answer 50

?

Question 51

Uti posseditis

Answer 51

Uti possidetis (Latin for "as you possess") is a principle in international law that territory and other property remains with its possessor at the end of a conflict, unless otherwise provided for by treaty