Session III Flashcards
What is a “subject of international law” in legal language?
Something/one in procession of international legal personality - capacity to enter into legal relations with other subjects of IntL
What is a non-state actor?
Enjoy non-states (orgs and such) that can enter into legal relations - to a degree, endowed with some of the rights and responsibilities attendant to legal personality
What piece of legal literature outlines the attributes of statehood?
1933 Montevideo Convention on Rights and Duties of States
As per Art. 1 of the Montevideo convention, what are the attributes of statehood?
- Permanent population
- A defined territory
C. A government
D Capacity to enter into relations with other states
How is recognition granted to new states and governments?
No international organization authorized to recognize - instead its granted by already established states and governments (bilateral and reciprocal)
States also apply for membership with the UN
What’s the funny thing about states and government recognition? why is is asymmetrical?
Recognizing statehood does not recognize government
but
Recognizing government auto recognizes statehood
What are the two models for state recognition? Define them
Constitutive theory of recognition - only through recog from other states that states become (IntL P is a function of recognition from without)
Declaratory theory of recognition - Recog from other states simply confirms that a state has come into being as a subject of IntL (IntL P exists prior to recognition - merely formalizes)
What do the two models of recognition prioritize? (respectively) Which is more prevalent?
Constitutive - prioritizes international community
Declaratory - prioritizes the state (or aspiring state)
Declaratory - bcuz it assumes that unrecog states are still states (still have rights and duties)
What is the principle of sovereign equality?
Principle of formal equality between sovereign states - each of which is endowed with certain rights and duties under intL law
What is the 1928 Island of Palmas arbitration? What was Max Huber’s interpretation of indie sov state?
case involving competing claims 2 sovereignty in the Netherlands and U.S over Palmas
Intp = Sovereignty signifies independence, independence is the right to exercise, to the exclusion of other states, the function of a state
What do the UN charter and the 1970 friendly relations declaration (alongside other international legal instruments) have in common?
Sovereign equality in hardwired into the doctrinal arch of IntL - these documents underscore its legal validity and authority
How are inter-gov organizations established? How are non-gov organizations established?
Agreement between states
Established by private parties
What is the UN composed of? Whats the GA?
of diff agencies and departments
Int Court of Justice
Security Council
General Assembly
Whats the GA?
Whats the SC?
General Assembly - All UN are represented in the GA, resolutions typically do not have binding force, legislative branch
Security council - composed of five great powers + non-perm members that serve 2 year terms (resolutions typically have binding force), executive branch
