Subjects of International Law + Statehood

Question 1

Summarise what public international law is

Answer 1

-HORIZONTAL legal order (e.g: each state equal to each other)
-no executive AUTHORITY to enforce this decisions
-on the basis of their own power (need permission of states)
-Law made by states to REG. their INT. with each other
-PIL mostly regulates the CON. of states
-Mostly self help NORM. order
H A R C N
Hoes, Anarchists, Racists Cant Nibble

Question 2

What are “subjects of international law”?

Answer 2

• An entity with International Legal Personality
  -ICJ, Reparation for Injuries case
  “Capable of posessing international rights and duties, and has the capacity to maintain tis rights by bringing international claims.”
  “the subjects of law in any legal system are not necessarily identical in their nature or in the extent of their rights.”

Question 3

Where is the law of what constitutes an international legal personality found?

Answer 3

International Court of Justice, Reparation for Injuries, Advisory Opinion (1949)

Question 4

List the subjects of international law

Answer 4

• States
  -International organizations
  -People
  -Multinational corporations
  -Holy See
  -NGOS
  -Groups (e.g. indigenous population)

Question 5

What is the criteria used to define what a state is?

Answer 5

-Montevideo Criteria

Question 6

List the criteria of the Motevideo convention

Answer 6

1. a PERMANENT population
2. a DEFINED territory
3. a GOVERNMENT
4. capacity to enter into RELATIONS with other States

Presidents Dictate Government Regulations

Question 7

Where is the criteria of the Montevideo convention (statehood) found

Answer 7

• Art. 1 of the Convention

Question 8

Explain the criteria of a permanent population?

Answer 8

• People reside permanently in an area
  -number of ppl irrelevant
  -can be 2 can be 200,0000
  -Nomadic tribes tribes uclear (western sahara advisory opinion–> don’t necessary have to remember for exam

Question 9

Explain the criteria of a defined territory

Answer 9

• SIZE DOES NOT MATTER
  -can have unsettled boundaries without excluding it from becoming a state itself
  -territorial disputes common
  -but clearly discernable territory (dk what the fuck that means)

Question 10

Explain the criteria of “a Government”

Answer 10

a. has to be independent, power has to be independently sourced
- e.g: not from other states’ military power
-Effective power (cap. of controlling territory)
-form of government is not important

Question 11

Explain the criteria of “capacity to enter into relations with other states”

Answer 11

• can exercise its own foreign relations
  -independent of the interference of other states
  -can do this as its own independent entity
  
  • ‘independence in international relations’

Question 12

List the two theories on the recognition of States

Answer 12

-Declaratory Theory
-Constitutive Theory

Question 13

Explain the declaratory theory of the recognition of states

Answer 13

• not having recognition does not exclude the existence of a state
  -MONTEVIDEO CRITERIA (art. 1 ) determines this
  -recognition just acknowledges/ DECLAREs an already established statehood

Question 14

Explain the Consitutive theory

Answer 14

• A state only exists if it is recognised by other States
• Recognition CONSTITutes the existence of states

Question 15

Which theory of Statehood does the Mntevideo Convention adopt?

Answer 15

• Art. 3 MC
  –> “political existence of the state is independent of recognition by other states”

Question 16

What are the limitations of the international legal personality of IOs?

Answer 16

Although IOS are subject of IL
-cannot talk about all shit
-no general competence
-only have legal personality in. aspecifed feld
-just specific competence
-principle of speciality
-ICJ, Legality of the Use by a State of Nuclear Weapons in Armed Conflict

Question 17

Where is the case on International legal personality of IOs found ?

Answer 17

ICJ, Legality of the Use by a State of Nuclear Weapons in Armed Conflict