UNIT 6- The state in the public international law

Question 1

The statehood - The constitutive material elements of the state

Answer 1

1. Permanent Population → Individuals, as nationals, over whom the political organization exercises powers, jurisdiction.
2. Defined Territory → geographical area that the political organization exercises powers, jurisdiction. Perfectly delimited. Made up of different spaces : The land, airspace above it, adjacent maritime space in breadth and in depth.
3. Government or political organization refers to the set of institutions and organs that exercise effective powers over the population and territory. The international law does not require the state to have a structure.
4. Capacity to enter into relations with other states. The international relations of the states. Recognition by the international community.

Question 2

Recognition of states:

Answer 2

• By free act by which one or more states acknowledge the existence of a definite territory.
• It’s not a legal obligation to recognize a state. Has a political purpose.
• There are state declarations that don’t recognize a state. Arab states with Israel.
• If a state recognizes another state is a constitutive and binding act.

Question 3

Forms of recognition:

Answer 3

1. Performed by a single state or collectively by several states
2. Unilateral or reciprocal
3. Express recognition of Andorra by Spain and France in a treaty. Bosnia and Herzegovina Daytonn agreements 1995
4. Implicit recognition is through diplomatic accreditation or voting affirmative membership in an I.O. Spain vote North Korea in 1991 UN.
5. Concluding an international treaty with the new state
6. Establishing consular relations, abstaining in the vote membership in an IO is NOT recognition.

Question 4

State immunity from jurisdiction and execution

Answer 4

• Consist of a state not being subject to the jurisdiction of the courts of another state, and a judgement against its property not being enforced.
• Are immunities of the states whose legal framework is the principles of equality, sovereignty and independence of state. The state can not exercise its jurisdiction over foreign states.
• International organizations enjoy privilege and immunities, headquarters agreement with a state on those territories are established.

Question 5

The central organs of the state for International relations

Answer 5

1) Head of State
2) Head of government
3) Minister of foreign affairs
4) The state’s foreign services

Question 6

Head of state. Head of government. Minister of Foreign affairs.

Answer 6

Art 7.2 → Provides by virtue of their functions, represents the state for the performance of all acts relating to the conclusion of a treaty, having full powers to act, without limits in their capacities. But it depends by the constitutional rules.

The Foreign policy is a competence of the government. The minister for foreign affairs must follow the instructions of the government.

Represent the state, have capacity to assume legal obligations on its behalf. Have privileges and immunities by virtue of their office under international law in UN convention on Special Missions, 1969. Can lead special missions abroad, official visit.

Personal, residence, correspondence, property inviolability : can not be arrested, detained, held, subjected to any other coercive measure by the authorities of the receiving state.

Criminal Jurisdiction : genocide, war crimes, crimes against humanity : dont have immunity.

Question 7

The state’s foreign services

Answer 7

Diplomatic mission → Vienna convention on diplomatic relations, 1961.

Ad hoc diplomacy → special missions

Multilateral diplomacy → representations to international organizations, delegations at international conferences.

Consular → Vienna convention on consular relations, 1963.