Subjects of IL Flashcards
define subjects of IL
They are parties that have rights and obligations under IL and have the ability to engage in international relations
What are 4 subjects of IL
- states
- international organization
- NGOS
- individuals
What are states
they are the main subject of IL
What states need to be considered
- defined territory
- permanent population
- government
- the capacity to engage in international relations
what is legal personality of states?
It emphasizes the capacity to file lawsuits and to have rights and duties under international law. It also determines who is allowed to participate in international legal processes.
What is sovereignty?
states have full independence and the right to govern their internal and external affairis
What is rights and duties?
states have rights and duties such as territorial integrity
2 theories of recognition of states
Declaratory theory and constitutive theory
Define declaratory theory
a state exists only if it meets the Montevideo criteria
Define constitutive theory
a state exists only when recognized by other states
What are international organization
they are established by treaties between states to pursue common goals
Legal personality of international organizations
they have it if they have treaty-based authority and are involved in international relations
What is an example of legal personality in IO’s
The UN can enter treaties, bring claims and maintain diplomatic relations
Wat are individuals in subjects of IL
At first they were not considered subjects of IL but now they play an important role, particularly in human rights and international criminal law
What are legal personalities of individuals?
- Criminal responsibility
- Human rights
What is criminal responsibility
individuals may be held accountable under international criminal law (ex. war, genocide)
Define human rights as the legal personality
individuals have rights under treaties and can bring cases before bodies
What are non state actors in subjects of IL
Multinational companies and non-governmental organizations
Define multinational companies
for example apple, google, they have economic influence and can be subject to international investment law and human rights obligations
Define non-governmental organizations
For example Red Cross, they influence IL by advocating for human rights and humanitarian issues
