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Subjects of international law. Lecturer: Jiang he. The concept of the subject. Substantive implication Procedural capacity Development of the subject Main subjects and their distinction. states. Significance of state as subject of international law(law-making and procedural capacity)
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Subjects of international law Lecturer: Jiang he
The concept of the subject • Substantive implication • Procedural capacity • Development of the subject • Main subjects and their distinction
states • Significance of state as subject of international law(law-making and procedural capacity) • Definition of state and its components (population , territory, government , capacity of international relations) • Statehood and self-determination
Recognition of state and government • Necessity of state and government • Distinction between the two categories • Theories in recognition(constitutive school, declaratory school ) • De facto and de jure recognition
The Effect of Recognition • Locus standi (raise an action) • State immunity • Effectiveness of legislative and administrative acts • Retroactiveness of the recognition
International organization • Development and significance of international organization • Legal personality and its constituent document • UN and articles concerned with the legal personality(Art. 104 and Art. 105 ) • Case study:Advisory opinion of Reparation Case and Nuclear Weapons Case
Individuals • Background and development of individual as subject of the law • Problem of procedural capacity • A. Central American Court of Justice • B. E C H R and ECJ
Other Entities--- Selected Anomalies • National Liberation Movement • The Holy See (the Vatican City) • Sovereign Order of Malta