Subjects of International Law Flashcards
List what the subjects of Public International Law are
-States
-International Orgnisations
-Individuals
-Peoples
-Armed Opposition Groups(IHL)
Who has International legal personality?
-Subjects of Public International Law
What did the International Reparations Case conclude?
- Subject of PIL= one with International Legal Personality
- Legal entity undr International L can submit a claim
In regards to the limits of competence
1. Extent of rights and obligations depends on the NEEDS of the COMMUNITY (only within their shere/competence)
** ask friend about this
List some principles of public internationa law
-1. Independence of States (Art. 2(4) of UNC)
-2. Principle of consent–> International law founded on consensual limitation to SOV.
-Art. 2(2) UN charter apparently (good faith fulfilment of obligations, to ensure that membership is effective)
-3. Soveriegn Equality between states
-Art. 2(1)
-4. Horizontal legal system
-again, all states are equal
+ no overhead executive
-5. non-interference in INTERNAL affairs
-6.DECENTRALIED law-making procedures
Briefly explain 3 main schools of thought which criticise International Law
- Post-colional/decolonisation
- Feminist approach
- Marxist
Explain what peremptory norms and Jus cogens are
- certain laws should prevail over other in conflict
Explain what obligations erga omnes is
- laws which are invokable against everyone
Cite where the inviolability of Jus Cogens norm is codified
Art. 64 VCLT
Art. 53 VCLT
If a new jus cogens rule emerges after a treaty is established, what happens?
-It is void (Art. 64 VCLT)
Where is the inviolable nature of jus cogens exemplifed
-Inviolable, specifically means here it applies to all states INDEPENDENT of treaties or customary law
-Art. 53 VCLT
List the relevant cases for week 1
-Barcelona Traction(C.34)
-outlawing of genocide,human rights, and protection against racial discrimination is obligation erga omnes
-Advisory Opinion: Reparations Case
-Who is a subject of public international law?
-that with international legal personality
-Kosovo Opinion
- general international law =no delimitations on declarations of independence
-unilateral seccession is not disallowesd
-Blaskic case
-Quebec seccession case
Define what a state is
-According to Art 1 of the Montevideo Convention:
-should possess:
-a. permanent population
-b. a defined territory
-c. government;and
-d. Capacity to enter into relations with other state
Explain the criteria of permanent population of the Montevideo Convention
a. Permanent population
-can be nomadic–> not a problem
What does GA Resolution 2626 state?
-every state has the duty to refrain from useing force against
-territorial integrity or political independence of any state
-EMPHASIS on territorial integrity and political unity
-friendly relations and EQU. Rights
Which resolution promotes the independence of colonial countries?
-UNGA resolution 1514
-UNGA Resolution 2625
Which covenenants establish the right to self-determination
-ICCPR & ICESCR
Which resolution affirms the territorial integrity and political unity of a state?
-UNGA resolution 2625
Explain the Point of “Government” in the recruitments of state according to the Motevideo Convention
-Exercise of GOV. AUTHORITY over territory/population
-req. can be lax e.g: ex–colonies which have not managed to gain total control of their territories yet
-STABLE + EFFECTIVE CONT.
how. if unstan + ineffec. after statehood is established–> c’est pokay
-ANY form or nature of govenment -dunt matter if its a dictatorship
-geen DEPEND. on for.troops
-CONTINUITY- can survive afterpresent gov.
Explain the point of Capacity to enter into relations with other states in the Montevideo Convention
d. Capacity to enter into relations with other states
1.Independence and Self-determination
-Western Sahara: free and gen. expr. of will
2.LEGAL criteria of relations with other states
-can’t just be factual relations in themselves
-treaties, economics, trade, culture
-Can be declaration of independence (Kosovo opinion)
Explain the point of defined territory of the Montevideo Convention
- A defined territoriy
-territoriy= land =/ sea
-Size don’t matter- defined= if borders of territory is in dipute, doesn’t mean it’s not defined
What did the Blaskic case conclude
-International Tribunal can issue orders to sovereign states
-exception to CIL which doesn’t allow states to be ordered by other states or bodies
Can states revoke recognition?
-NO
-Art 6. MC
What did the Quebec Seccession Case confirm about Subjects of International Law
-Peoples are subjects
-Right to self-determination of peoples
-people: common langauge + culture
-Un. Secession–> extreme circumstances
-Importance of TI
-UNGA Reso. 2625
