Subjects: States and Peoples Flashcards
What do you need to have to be a subject of IL?
Rights, Obligations and Capacity to create international law.
How do states, international organisations and corporations differ?
States; have all three.
IOs: depends on their function, they have legal personality as far as functions they perform.
Corporation: May have some, subject to the extent it has rights.
What two theories support a state’s existence?
Constitutional Theory; and
Declarative theory.
In ICC-01/18, what was the ICC to determine?
- Whether Palestine can be considered a ‘State on the territory of which the conduct in question occured’l
- Its territorial jurisdiction in the present situation.
What could the ICC not do? What did it determine as a result?
- Couldn’t determine matters of statehood binding the international community.
- Its sole purpose is territorial jurisdiction.
- Therefore, Palestine accede under ordinary procedure as state party to rome statute so did have territorial jurisdiction over Palestine.
What explains the strong correlation between Self-determination and statehood? (Crawford, 434)
- The evident desire of the palestinians of the Occupied Territories for their own states
- The recalcitrance of Israel in recognising their right to self-determination.
Constitute a ‘prefiguration’ of statehood.
What was issue in Unilateral Declaration of Independence in respect of Kosovo? (2010)
Is the unilateral declaration of independence by the provisional institutions of self-government of Kosovo in accordance with international law?
In Kosovo, what was court NOT asked to do>
- Whether IL confers positive entitlement on Kosovo unilaterally to declare its independence.
- Or whether IL generally confers an entitlement on entities situated within state unilaterally to break away?
How did ICJ in UDI in Kosovo determine?
Shifted focus away from Provisional Institutions of Self Government in Kosovo. Said the declaration was by persons acting together in their capacity as representatives of people of Kosovo outside framework of interim administration.
What did ICJ in Kosovo say about principle of territorial integrity? And subsequently, role of SC in condemning declarations?
- Principle of TI is confined to the sphere of relations between states.
- SC: Illegality stemming from their declarations came from fact they were connected with unlawful use of force or other violations of norms of GIL.
What were the legal questions of Opinion 1 of the Badinter commission?
- Whether the republics of SFRY are in the process of secession from the SFRY (whereby the SFRY would continue to exist) or;
- Whether SFRY was in process of dissolution?
What was decided in Opinion 1 of Badinter Commission
Applicable law: Territory, population in organised political authority.
Applied: Republics expressed desire for independence and workings of essential organs no longer meet criteria of participation and representativeness inherent in a federal state.
What question was in Opinion 2 of Badinter Commission?
Whether the Serbian people in Croatia and BH have right to self-determination?
What was decided in Opinion 2?
Applicable law: Uti possidetis; or one or more groups of ethnic religious or language communities = right to SD
Applied: IL ensures respect for rights of minorities. Serbian population must be afforded every right accorded to minorities. Eg nationality of their choice
What was question in Opinion 3?
Whether the boundaries between Croatia, Serbia and BH will be regarded as international boundaries (after dissolution)?
