Unit 4A - International legal personality Flashcards
What is international legal personality ?
Entities or legal persons that can have rights and obligations under international law.
In which three way can an international organization be defined ?
- By analizing their composition.
- By reference to the method of establishment.
- By implication from the existence of seperate legal personality.
When may an entity be considered an international organization ?
If it is recognised as enjoying sperate legal personality under international law.
What if the constituent treaty doens’t expressly provide for international legal personality ?
Reparations Advisory Opinion stated “under international law, the Organization must be deemed to have those powers which, though not expressly provided in the Charter, are conferred upon it by necessary implication, as being essential to the performance of its duties.”
What is the ILC’s proposed definition of an international organization ?
- An organization established by a treaty or other instrument governed by international law and possessing its own international legal personality.
- International organizations may include as members, in addition to States, other entities’
How do you attribute wrongful conduct to an international organization ?
The international organization must exercise an effective control over an organ or agent which was placed at its disposal.
How can an international organization be held
responsible ?
- For aiding and assisting a state or another organization in committing an internationally wrongful act.
- For directing and controlling a state or other organization in the commission of the act.
- For coercing a state or other organization to commit an internationally wrongful act.
What are the four requirements for statehood ?
- Permanet population.
- Defined territory.
- Effective government.
- Capacity to enter into relations with other states.
Montevideo.
Discuss recognition.
- Recognition is a precondition for the establishment of diplomatic relations, but is not essential that the recognising state enter into diplomatic relations with the new state.
- Recognition may either be unilateral (this is when an individual state recognises that an entity claiming to be a state meets the factual requirement of statehood); or collective (occurs when a group of states such as the African Union recognizes the existence of a claimant state directly).
What are the two theories that govern the recognition of states ?
- Constitutive theory.
- Declaratory theory.
Discuss the constitutive theory.
- The recognition of a claimant entity as a state creates or constitutes the state.
- Therefore, recognition becomes an additional requirement for statehood.
Discuss the declaratory theory.
This theory maintains that an entity becomes a state on meeting the factual requirements of statehood and that the recognition by other states simply acknowledges (declares) ‘as a fact.
What becomes of a failed state ?
It becomes a juridical state because it exists only as an internatonal legal person with no substance to back its claim.
What is jurisdiction ?
Authority that a state has to exercise its governmental functions by legislation, executive and enforcement action, and judicial decrees over persons and properties.
What are the two types of jurisdiction ?
- Prescriptive.
- Enforcement.
