other subjects of international law

Question 1

NGOs

Answer 1

A non-governmental organisation whose members are natural or legal persons, that pursues non-profit goals, was established under domestic law and has a minimum organisational structure.

If it has partial international legal status depends on whether it has international rights and obligations.

Question 2

rights of NGOs

Answer 2

1. They may be granted observer or consultative status at the UN: right to go to meeting, put issues on agenda, make motions etc.
2. They are increasingly involved eg. they formulated Rome Statue in 1998. Sometimes they can prevent international treaties entering into force eg. termination of negotiations on a multilateral agreement on investment in 1998.
3. They are also involved with tracking compliance with treaties (Convention on the Rights of Persons with Disabilities)
4. They may file amicus briefs in international dispute settlement proceedings as amicus curiae, eg. before WTO panels and investment arbitration tribunals.

Question 3

TNCs

Answer 3

it is a transnational corporation, which are established under national law and operate in several states. They have partial legal personality that grants them certain rights,

Question 4

rights of TNCs

Answer 4

Settling disputes before international arbitral tribunals without exhaustion of local remedies or diplomatic protection of home state.
It is typically granted by bi-and multilateral protection agreements or international concession agreements.

Question 5

obligations of TNCs

Answer 5

It is controversial whether they are addresses, because most relevant treaties exclusively address states, obliging them to prohibit certain conduct under international law, so they are subject to the domestic laws in which state they operate.

Many IOs have developed codes of conduct that require TNCs to follow labour, social, environmental and human rights principles as corporate social responsibility, They are not binding, but contribute to the awareness.

Question 6

Ruggie-principles

Answer 6

United Nations Guiding Principles on Business and Human Rights, adopted by UN Human Rights Council in 2011: reaffirmed the responsibility of states to protect human rights and established corporate responsibility.

Question 7

examples of international arbitral tribunals

Answer 7

UNCITRAL - United Nations Commission on International Trade Law
ICSID - International Centre for Settlement of Investment Disputes

Question 8

bilateral investment protection agreement

Answer 8

a treaty between states for mutual promotion and protection of foreign investments, granting the other party certain rights and promise to grant certain standard to the investors (eg. fair and equitable treatment, protection against expropriation without compensation)

Question 9

international concession agreement

Answer 9

a direct contract between TNCs and a host state with reciprocal rights and obligations

Question 10

insurgent groups

Answer 10

they are organised group of people who fight the government and exercise effective power over parts of the territory of the state. They are recognised as subjects of international law because of humanitarian grounds.

If they become the new government, then their crimes will be attributable to this new governemnt and thus the state.

Question 11

national libration movements

Answer 11

A particular case of insurgents, invoking the right of self-determination and some states recognise them as legitimate representatives of the people they are fighting for. eg. PLO, Frente Polisario

Question 12

diplomatic mission of Holy See

Answer 12

nunciatures

Question 13

Concordat

Answer 13

religious and church matters are regulated regarding the territory of the state

Question 14

International Red Cross Conference

Answer 14

National Red Cross societies, the ICRC and State Parties to Geneva Convention and the International Federation of the Red Cross.

It is tasked to discuss the codification and amendment of humanitarian law.

Question 15

International Committee for the Red Cross (ICRC)

Answer 15

It is the only that has legal personality under international law.
Under the four Geneva Red Cross Convention 1949 and their additional protocols (1977), they are conferred certain supervisory functions.

Question 16

Foundation of Red Cross

Answer 16

1873 by Henri Dunant

Question 17

International Federation of Red Cross Societies

Answer 17

unites under umbrella term the national Red Cross societies

Question 18

Sovereign Military Order of Malta

Answer 18

Until 1798, it had territory and military significance. Since it is active in humanitarian field. Many states still maintain diplomatic relations, and it is hold diplomatic immunities and privileges.

Question 19

Holy See

Answer 19

It is the highest organ of the Catholic Church and its international legal personality can be explained historically, because states retained diplomatic relations even though it had no territory. After the Lateran Treaties, the international personality of the Holy See is different from that of the Vatican City. It represent the Vatican City in international relations.

Question 20

individual

Answer 20

An individual is a bearer of rights and duties under international law and thus a partial subject of it.
Whether rights give legal personality is disputed, but recent developments strengthen this position, eg. in international investment law, where individuals can bring claims.
Individuals also have obligations and if they breach these they might have to stand before an international criminal court.