Lecture 6: Subjects of International Law Flashcards
(16 cards)
What are the two variants of international legal personality?
1) Objective Personality: Universally recognized as subjects (e.g., states).
2) Qualified Personality: Only recognized by specific entities (e.g., some international organizations).
limited personality
What is the Montevideo Convention’s (1933) definition of a state?
A state must have:
Permanent population
Defined territory
Government
Capacity to enter into relations with other states
What additional criteria of the Montevideo convention influence state recognition?
Legitimacy of state creation (e.g., not violating jus cogens norms).
What is a sui generis case in international law?
Unique or exceptional cases that challenge standard norms of statehood (e.g., Sovereign Military Order of Malta).
What does Wheaton (1866) mean by a “permanent” population in the context of statehood?
A state must have a stable, organized community, not temporary groups like voluntary associations of robbers, pirates, or unsettled hordes that establish communities through looting and violence, as seen in some Caribbean islands during the Parisian times.
What is the difference between constitutive and declaratory theories of state recognition?
Constitutive theory: Recognition by other states constitutes statehood.
Declaratory theory: Statehood is a factual status, recognition merely acknowledges it. –> montevideo talks about declarational
How has the status of IOs evolved in international law?
Initially, IOs were seen as mere extensions of state cooperation, lacking independent legal personality. Over time, as their roles grew, some IOs gained legal personality, but not all do.
What are the criteria for an IO to gain legal personality?
- Explicitly stated in the founding treaty.
- Implied if essential to the IO’s mission.
- Inferred through the objective theory of legal necessity.
What is remedial secession?
The right to secede as a response to serious human rights violations (e.g., Kosovo).
How is the legal personality of IOs typically characterized?
It is usually derived from the states that created them, making it a qualified personality, meaning the legal status can be altered if the founding treaty is changed.
What are the legal capacities of IOs with legal personality?
1.Sue and be sued.
2.Hold independent legal status from member states.
3.Enjoy privileges and immunities.
4.Conclude international agreements within their mandate.
How did individuals traditionally relate to international law? (positivist)
Traditionally seen as objects, not subjects; rights mediated through states.
How did human rights change individual status in IL?
Individuals gained direct rights and responsibilities, including access to international courts.
How does nationality affect legal rights in international law?
Determines the ability to bring legal claims and assert rights against other states.
What is individual responsibility in international law?
Liability for international crimes such as genocide and war crimes.
Why might nationality limit rights in international disputes?
Rights may depend on bilateral treaties or the state’s international agreements.
