W1 Subjects of IL

Question 1

What is PIL?

Answer 1

1. Primarily regulates their interactions w/ e/o
2. Horizontal Legal Order
3. No Hierarchy

Question 2

UN + PIL

Answer 2

1. The UN’s power exists bc states agreed to them
2. Contractual System: Depends on jursidiction a state gives it
3. Doesn’t fit into domestic legal system

Question 3

Brief History of PIL

Hugos Grotius + Peace of Westphalia

Answer 3

Hugos Grotius
- Refined Concept of Law

Peace of Westphalia
- Legal Pluralism to Monism
- IL gets shapes as law between sovereign states

Question 4

Brief History of PIL

Era of Coexistence, Coexistence/Cooperation

Answer 4

Era of Coexistence; 18th - 19th Cent.
- IL Prime Goal = Secure co-existence between Sovereign States
- IL explicitly Horizontal Legal Order
- Only ult. source of IL is will of sov. states

Coexistence -> Cooperation
Post 1990

Question 5

Subjects of PIL

Answer 5

• Bearer of Rights
• Has Legal Personality

No formal Criteria!

Eg. States, IO’s, Individuals, Peoples

Question 6

Int. Legal Personality

Answer 6

1. Capable of posessing international rights and duties
2. Can bring Int. claims

Not all subj. of IL have identical duties

you do not need 2 b a state to have ILP

Question 7

Montevideo Criteria

What is a state?

Answer 7

1. Permanent Population –> does not need to be ethnically homogenous
2. Defined Territory
3. Government –> Effectiveness
4. Capacity to enter into relations with other states
   Legal Independence: This state can exercise this function w/o asking anyone

Question 8

IO’s

Answer 8

1. Established by a treaty
2. Governed by IL + Principle of Speciality
3. Possess its own legal personality
4. Created to fulfill certain functions
5. have rights, powers, privi. as are necessary to enable them to exercise those functions and nothing more