Session IV

Question 1

Do non-gov orgs enjoy intL personality?

Answer 1

NGOs have consultative status with UN economic and social council, can send delegations to relevant meetings, submit legal/policy documents and use certain UN services

Question 2

Do trans nat corps get IntL legal personality?

Answer 2

Can sue and be sued, not full personality tho

Have been efforts to regulate, mostly failed tho

Question 3

Do peeps alone have IntL legal personality?

Answer 3

After WW2 (IntL human rights law and criminal law) - permits persecution of individuals for IntL crimes

Question 4

Define state continuity?

Define state succession?

Answer 4

Continuity - state continues to exist regardless of changes in gov (rights and obligations remain attached - even when gov changes take place)
Succession - process whereby state is dissolved, merges or disintegrates (raises unanswered questions about what happens to rights and obligations)

Question 5

How is jurisdiction employed in IntL?

Answer 5

institutional competence of courts, power a state can exercise over persons ( or territories or legal disputes) or authority wielded by and IntL organization

Question 6

What is territorial sovereignty?

Answer 6

A state wields jurisdiction over persons and disputes within its own territory in all cases except those in which its jurisdiction is restricted by international treaty law or customary international law.

Question 7

What is territory? What are the divisions and dimensions of territory?

Answer 7

Res communis - common space (high sea and space)
Res nullius - unclaimed land
Or
Territory controlled by some state
Dimensions: surface, subsurface, airspace

Question 8

Through what means can land territory with acquired legally?

Hint: oc cap

Answer 8

1. occupation - territory is previously res nullius, new power has effective control
2. cession - transfer from one sovereign power to another (typically by treaty)
3. prescription - lengthy period of sitting there, acquires power
4. conquest - occupation and annexation through force
5. accretion - territory is altered or enlarged through nat processes

Question 9

What is uti possidetis juris? What is its purpose?

Answer 9

“latin for as you possess” - limits territorial sovereignty
New states should continue to retain the borders of predecessors (should not seek new frontiers)
First coined by 19th century latin American jurists - purpose is to reduce the possibility for border disputes

Question 10

What are the modes of criminal jurisdiction? (Define nat and terri)

Answer 10

1. Territorial principle - assumes a state is capable of exercising jurisdiction over crimes committed in its territory (Anglo-American position)
2. Nationality principle - prioritizes nationality of offender - extradition (European position)

Question 11

What are the modes of criminal jurisdiction? (Define ppu)

Answer 11

3. Passive personality principle - reserved for wrongs committed abroad that are injurious to state’s nationals (even when committed by non-nationals)
4. Protective principle - reserved for wrongs committed abroad that are injurious to state’s basic security, integrity or independence
5. Universal principle - all states are capable of exercising jurisD over the most egregious IntL wrongs (genocide, crimes against humanity)