Session 3

Question 1

Define international community.

Answer 1

Community of subjects of international law, actors submitted to the rule of international law.

Question 2

What does the supranational legal protection entail?

Answer 2

It entails a legal regime that focuses on fundamental human rights and freedom extended to individuals as well.

Question 3

Who are the members of the international community?

Answer 3

The direct addressees of international norms, legal persons.

Question 4

What is a legal person?

Answer 4

A direct addressee of international norms which possesses the capacity to have and to maintain certain rights and is subject to perform specific duties. It is able to maintain and enforce claims

Question 5

What does the internal legal personality consist of?

Answer 5

A capacity to bear rights and obligation and a capacity to take certain types of action on the international plan: legal power.

Question 6

What are the different types of legal powers?

Answer 6

Passive capacity: capacity to be legally responsible
Active capacity: capacity to make claims in respect of breaches of law
Contractual / norm making capacity

Question 7

Who has the fullness of legal capacities?

Answer 7

State because they are the original basic subjects of international law.

Question 8

And who possesses partial legal capacities?

Answer 8

Derived subjects whose legal personality derives from the will of a state.

Question 9

When does legal personality arise?

Answer 9

Pragmatic approach: after attribution of international legal rights and duties, new acts become visible as international legal persons and are being included in the international legal community.

Question 10

Do individuals enjoy passive capacity?

Answer 10

In case of world crime yes (genocide, crime against humanity, war crime, crime of aggression).

Question 11

Why don’t international organisation have active capacity?

Answer 11

It would violate state sovereignty, and procedural difficulties : which court would they bring states to?

Question 12

What are the legal attributes of a state?

Answer 12

It’s an original subject of IL, it possesses full international legal personality and has an objective personality erga omnes.

Question 13

When can a state become a subject of international law?

Answer 13

It has to have a defined territory
A permanent population
An effective government
Capacity to enter into relations with other states

Question 14

Define effective government?

Answer 14

Weberian sense: factual capacity to submit to its authority all persons subject to its jurisdiction, a system of states organ capable to assure minimum standard of public order, and constitutional power factually exercised.

Question 15

Define failed states:

Answer 15

Lacks effective government, comprehensive breakdown in order.

Question 16

What happened to Somalia?

Answer 16

It was a failed state, but if took off statehood, neighbouring countries could have invaded it. UN proclaimed it terra nullius, meaning that the population was to ensure the continuity of statehood.

Question 17

Give an example of a case when certain factual situation were endowed with legal significance to proclaim statehood?

Answer 17

Kosovo: significant international recognition in certain situations can balance the objective demonstration of adherence to the criteria of statehood.

Question 18

What are the different legal scenarios of extinction of statehood?

Answer 18

Merger, absorption, dismemberment and annexation.

Question 19

Define an international intergovernmental organisation.

Answer 19

It is a form of cooperation founded on an international agreement usually creating a new legal person having at least one organ with a will of its own established under international law.

Question 20

What if the finality of international organisation?

Answer 20

Their finality is functional : tools aiming at cooperating to reach mutual interest. Meaning its existence is instrumental directly connected to the performance of the function.

Question 21

What are the legal capacities of individual?

Answer 21

Direct rights under international law. Direct access to international court and tribunals. Direct criminal responsibility under international law.
But no standing to assertion because are derived subject if international law.

Question 22

Define the common heritage of mankind.

Answer 22

Some territorial areas and elements of humanity’s common heritage and shall belong to all humankind and be protected for future generations.