Subjects of International Law

Question 1

List what the subjects of Public International Law are

Answer 1

-States
-International Orgnisations
-Individuals
-Peoples
-Armed Opposition Groups(IHL)

Question 2

Who has International legal personality?

Answer 2

-Subjects of Public International Law

Question 3

What did the International Reparations Case conclude?

Answer 3

1. 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

Question 4

List some principles of public internationa law

Answer 4

-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

Question 5

Briefly explain 3 main schools of thought which criticise International Law

Answer 5

1. Post-colional/decolonisation
2. Feminist approach
3. Marxist

Question 6

Explain what peremptory norms and Jus cogens are

Answer 6

• certain laws should prevail over other in conflict

Question 7

Explain what obligations erga omnes is

Answer 7

• laws which are invokable against everyone

Question 8

Cite where the inviolability of Jus Cogens norm is codified

Answer 8

Art. 64 VCLT
Art. 53 VCLT

Question 9

If a new jus cogens rule emerges after a treaty is established, what happens?

Answer 9

-It is void (Art. 64 VCLT)

Question 10

Where is the inviolable nature of jus cogens exemplifed

Answer 10

-Inviolable, specifically means here it applies to all states INDEPENDENT of treaties or customary law
-Art. 53 VCLT

Question 11

List the relevant cases for week 1

Answer 11

-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

Question 12

Define what a state is

Answer 12

-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

Question 13

Explain the criteria of permanent population of the Montevideo Convention

Answer 13

a. Permanent population
-can be nomadic–> not a problem

Question 14

What does GA Resolution 2626 state?

Answer 14

-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

Question 15

Which resolution promotes the independence of colonial countries?

Answer 15

-UNGA resolution

Question 16

Which covenenants establish the right to self-determination

Answer 16

-ICCPR & ICESCR

Question 17

Which resolution affirms the territorial integrity and political unity of a state?

Answer 17

-UNGA resolution 2625

Question 18

Explain the Point of “Government” in the recruitments of state according to the Motevideo Convention

Answer 18

-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.

Question 19

Explain the point of Capacity to enter into relations with other states in the Montevideo Convention

Answer 19

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)

Question 20

Explain the point of defined territory of the Montevideo Convention

Answer 20

2. 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

Question 21

What did the Blaskic case conclude

Answer 21

-International Tribunal can issue orders to sovereign states
-exception to CIL which doesn’t allow states to be ordered by other states or bodies

Question 22

Can states revoke recognition?

Answer 22

-NO
-Art 6. MC