1 / 7

Personality and Recognition: States as the key players in international law

Personality and Recognition: States as the key players in international law. ‘A subject of the law is an entity capable of possessing international rights and duties and having the capacity to maintain its rights by bringing international claims’ legal personality

oshin
Download Presentation

Personality and Recognition: States as the key players in international law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Personality and Recognition: States as the key players in international law • ‘A subject of the law is an entity capable of possessing international rights and duties and having the capacity to maintain its rights by bringing international claims’ • legal personality • accepted list: states, international organizations, agencies of states, political entities similar to states, internationalized territories, UN admin of territory prior to independence

  2. Other examples of personality? • non-self-governing people • national liberation movements • states in statu nascendi • belligerent and insurgent communities • entities sui generis (Holy See) • individuals • corporations • personality for particular purposes

  3. States • Montevideo Convention on Rights and Duties of States 1933: • permanent population • defined territory • government (effective? self-determination?) • capacity to enter relations with other states (independence)

  4. Related Categories • dependent states: foreign control under a title of international law, or by consent • federations • associations of states • emergent states • illegal occupation (ex injuria non oritur jus) Article 4 of the UN Charter

  5. Other Important Concepts regarding states • continuity – general rule about changes in government • identity • succession (new international legal personality) • recognition (de facto; de jure), role of community, contested concept – declaratory and constitutive views, a matter of intention, duty to recognize?

  6. International Court of Justice • PCIJ successor • 15 members • jurisdiction: articles 36 and 65 • integral part of the UN Charter

More Related