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Public International Law > International Personality > Flashcards

International Personality Flashcards

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1
Q

What is personality?

A

Capacity to bear rights and duties under international law

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2
Q

Who are the only ones to posses full personality?

A

States

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3
Q

Who or what has personality?

A

StatesInternational organisationsLegal/ natural persons

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4
Q

When have individuals been seen to have international personality?

A

Nuremberg trials 1945

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5
Q

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

A

ECHR 1950

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6
Q

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

A

Reparations opinion 1949

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7
Q

Indications of personality

A

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

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8
Q

What are the two theories of creation of states?

A

Declarative theory Constitutive theory

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9
Q

Article 1 of the Montevideo treaty

A

Permanent populationDefined territory GovernmentCapacity to enter into relations with other stares

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10
Q

Criticisms about the Montevideo treaty

A

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

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11
Q

What is China’s population

A

1.3bn

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12
Q

What is the Vatican’s territory

A

1m2

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13
Q

What is the government factor about?

A

Basically about effective controlAbout who is responsible and accountable

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14
Q

What is an exception to the government factor?

A

Congo 1960

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15
Q

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

A

Somalia

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16
Q

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

A

Austo- German customs union case

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17
Q

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

A

Ukrain Palestine

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18
Q

What are other criteria for states?

A

Entities cannot be created by force- Kuwait or Iraq

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19
Q

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

A

Bangladesh- they argued self determination

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20
Q

What about racist entities?

A

Cannot create a stateSouth Africa was a state before the apartite

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21
Q

What is the background to self determination?

A

USA 1776French Rev 1789Russian Rev 1917

22
Q

What president in what plan said yes to self determination?

A

Woodrow Wilson Treaty of Versailles

23
Q

Where did self determination become part of the charter?

A

Art 1 and 55 of the UN CharterBut no definition

24
Q

What is uti posseditis?

A

You create states where your colonial entities used to exist

25
Q

What recognised self determination as custom?

A

The East Timor case

26
Q

What recognises self determination as erga omnes

A

Wall opinion (binds everyone)

27
Q

What narrowly addresses self determination?

A

Kosovo opinion

28
Q

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

A

Chechnga - Russia

29
Q

Entities who decline to be states

A

Taiwan

30
Q

Entities who want to be states

A

Palestine

31
Q

Succession/ state extinction

A

Russia

32
Q

Which theory is the Montevideo treaty?

A

Declarative

33
Q

What is the constitutive theory?

A

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

34
Q

Which theory do lawyers prefer and why?

A

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

35
Q

What about acceptance to the UN?

A

Largely seen as symbolic

36
Q

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

A

Sudan and Kosovo

37
Q

What are the 4 ways statehood can change

A

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

38
Q

What treaties would new states be subject to?

A

A number of ones they never actually technically agreed to

39
Q

What is the leading theory of international organisations?

A

Functionalism

40
Q

What is functionalism?

A

The idea that organisations are created to do with functions

41
Q

What says that the UN has international personality?

A

Reparations opinion 1949

42
Q

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

A

General Assembly declaration 1960

43
Q

Opinion 1 of the banditer commission

A

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

44
Q

Opinion no 2 of the banditer commission

A

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

45
Q

Opinion no 3

A

There is criticism of this opinion Relied on uti posseditis

46
Q

Opinion no 10

A

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

47
Q

ICJ advisory opinion on kosovo’s Declaration of Independence

A

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

48
Q

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

A

East Timor case

49
Q

What is the definition of self determination?

A

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

50
Q

What is the Connolly clause?

A

?

51
Q

Uti posseditis

A

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

Public International Law (13 decks)

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