LECTURE 7 - subjects of international law Flashcards
‘Subjects’ in IL
countries:
The central subjects of international law
* Governs relations between states
* Not the same as relations between
a state and people
* Most international law is to bind actions
of states
* Focused on coordination and
cooperation
‘actors’ in IL meaning
entities that participate in or promote international relations.
2 types of actors in IL:
State (represent a government ) and non-state actors (do not.)
nations vs states
nation:
groups of people tied together by common linkage of identity
* Ethnicity, religion, language, etc.
* Nations can cross national boundaries
state:
political entities governing a defined territory
* State can contain many nations
(think of Canada)
* Can also be mono-national state
are subjects the same in international law vs domestic law?
no - law is handled and enforced differently internationally vs domestically
International law is not supreme like domestic law
* It operates alongside international diplomacy, politics and
economics.
criteria for a country
(1934 Montevideo Convention)
a.permanent population;
b. defined territory;
c. government; and
d. capacity to enter into relations with the other states
subjects of int law
Does it have rights and obligations under the law?
*Lusophone tradition: pessoa jurídica and pessoa física (jurid)
* Individuals, states, international organizations,
* To what extent have agency to influence law?
* Both formal and informal influence
* What are the pathways for exercising agency?
* Direct or indirect, i.e., on your own or through ‘collective’?
subjects of IL: IOs
- IOs have less status and influence than states
- states can delegate authority to an IO
- How are international organizations created?
- Who are the members?
- Who pays the bills? (ans: the member states)
- How do international organizations interact with
people/companies/organizations? - Do international organizations have same standing
as states?
the authority IOs have
- Do not have the same status and
influence as a State - Legal personality of international
organizations is a function of its
recognition by states - The powers, capacities, influence of
international organizations are set by
member and recognizing states - Recognition and the resultant power
and influence can be withdrawn - Granting of power and authority
grounded in shared interests of States
subjs of IL: Corporations
they may report to the: international court of arbitration (they help to resolve disputes in international commercial and investment disputes) OR a specific country
How are disputes betweencorporations and countries resolved?
*Look to the contract language
*Can be national courts or international arbitration mechanisms
continued:
Do not have independent status
as international legal
personalities
* Contractual relationships
between a State and a
Corporation can be governed by
international law
* i.e., The World Bank’s
International Centre for
Settlement of Investment
Disputes
* Can be bound by international
rules and regulations as codified
in national legal frameworks
subjs of IL: Special Case Entities
The Holy See, i.e., The Vatican,
and Sovereign Order of Malta
* What is the source of the
Vatican’s power?
ans: absolute elective monarchy, in which the Pope, religiously speaking, the leader of the Catholic Church (Vatican mints its own euros, prints its own stamps, issues passports and license plates, operates media outlets and has its own flag and anthem. )
* Why is the Vatican recognized as
an actor?
its sovereignty, the Holy See is subject to international law, equivalent to States, even though it doesn’t have some of the elements of these.
subjs of IL: indiv
- individuals: canadian gov would arrest me
- in case of killing ottawa u w other CU students- int crim court (crime against humanity) would come in
- world leaders: trump: national domestic court
not frequently actioned because:
- jurisdiction - mainly genocide, etc
- political implications (Some states may be reluctant to cooperate with the ICC or to refer cases to it because doing so could implicate their own nationals or allies in international crimes)
- limited resources
for IL to become DL
as soon as a state has consented or acceded to an international agreement, that international law becomes national law. Under such systems treaties are considered to be self-executing.
subjs of IL - indiv persons
- uncommon, Applies most often in cases such as ‘crimes
against humanity - Violators stand trial and International
Criminal Court - Domestic codification of international law can
bring individuals subject to international rule
and regulations - Prosecuted through national courts, not international, ie. trump
subjs of IL: Belligerents/Secessionists
Principle of Territorial Integrity: International law generally upholds the principle of the territorial integrity of states, which means that the borders of existing states are presumed to be inviolable. Secession, which involves a portion of a state’s territory seeking to break away and form a new independent entity, can be seen as a challenge to this principle.
Right to Self-Determination: On the other hand, international law also recognizes the right to self-determination of peoples. This principle, enshrined in the United Nations Charter and various international instruments, supports the idea that groups of people have the right to determine their political status, including the option of secession, particularly in cases of colonization or serious human rights abuses.
Declaration of Independence: When secessionists declare independence, they often issue a unilateral declaration of independence (UDI). The recognition of a UDI by other states is a political decision and is not governed by a specific set of legal rules. Some states may recognize the UDI, while others may not, leading to a lack of consensus in the international community.
- State Recognition: The recognition of a secessionist entity as a new state is significant in the context of international law. If a sufficient number of states recognize the secessionist entity, it may gain de facto or even de jure recognition as an independent state.
subjs of IL vs actors in IP
Subjects of International Law:
* states
* International Organizations
* Vatican
* Corporations
* Individuals (selected by context)
* Belligerents / Secessionists
Actors in International Politics
* Countries aka States
* Multinational corporations
* Non-government organizations
* International organizations
* Media
* Celebrities
* Terrorists / freedom fighters
Actors in International Politics:
* Countries aka States
* Multinational corporations
* Non-government organizations
* International organizations
* Media
* Celebrities
* Terrorists / freedom fighters
