Subyek Hukum
Internasional
Negara
The 1933 Montivideo Convention on
Rights and Duties of States, article 1 : The State as a person of international law
should posses the following qualification:
1. A permanent population. 2. Defined territory
3. Government and
4. Capacity to enter into relations with other
Defined territory
This is the basis of the central notion of
territorial sovereignty, establishing the
exclusive competence to take the legal
and factual measures within that
territory and prohibiting foreign
governments from excercising
authority in the same area without
consent.
Island of Palmas Case
Amerika Serikat dan Belanda.
USA mengklaim pulau Palma dengan dasar
penemuan sbg pengganti hak-hak spanyol berdasarkan perjanjian 1898 yang berisi
pengalihan pulau-pulau milik Philipina ke USA.
Belanda menuntut pengaturan pulau tsb
Fakta bahwa penduduk telah menyerahkan
kedaulatannya kpd pem Belanda, juga tidak tampak pengaturan oleh Spanyol.
Pengadilan Arbitrase permanen berpendapat
Population
The Criterian is connected with that of territory
and constitute the physical basis for the existence of State.
Effective control by government, internally, the
existence of government implies the capacity to establish and maintain legal order in the sense of constitutional autonomy. Externally, the ability to act autonomously on the international level
without being legally dependent on other state within the international legal order.
The state of Palestine declared in 1988 by
Palestinian organization was not a state, due to
Capacity to enter into
relation with other state
There are several examples of dependent
state, which have limited capacity to enter into international relations. Ex; colonies in the process becoming independent often had a limited capacity to enter into
international relations. In practise, the
formal grant of independence was usually preceded by a period of training, during
the colonial delegated certain international functions to the colony, in order to give
Another criterian
Self determintaion and recognition..
These , how ever, are not generally
regarded as constitutive elements for
state and it is agreed that the material
is territorial effectiveness
small state such as Monaco, vatikan,
recognition is important, because
otherwise it might be doubted whether
the territory and population of such
Recocnition of states and
governments in international
law
It is a confusing mixture of politics, international law, national law.
States are are influenced by political than by legal consideration, but their acts do have legal consequences.
Recognition is wide of factual situations, in
addition to recognition of states and government. The basic difference is that the regcognition of
government necessarily has the consequence of accepting the statehood of the entity which the regime is governing, while the recognition of
It means ,Organization will enjoy
legal personality under municipal
laws of its member state, it can
own property, enter into contract.
Ex; the leading judicial authority on
Enjoy priveleges and immunities, may
engage international responsibility and
liability.
Most int org is traditional type,
meaning that they are in essence
based on intergovernmental
NGOs
They are not established by
government or by an agreement
between states and their members are
private citizens or bodies corporate.
Engaged in a broad variety of different
areas, ranging from politics, the legal
and yudicial field, the social and
The role is primarily an informal one.
They have some effect on international
law making in certain areas by adding
expertise and making procedures more
transparent, and stronger effect with
regard to supervision and fact finding
as to the implementation of
Individuals and companies
In western countries, individuals and
companies have some degree of international legal personality, but
thepersnality is usally seenas something limited.
Individuals and companies may
havevariousrights under special treaties, for instance, but it has never been suggested that they can imitate the states by accuiring territory, appointing ambassadors, or
Access to in international tribunal in enforce
their rights( ex, that individual nad companies are exist in international ).
Most int tribunals are not open to
individuals and companies , Art 34 Statute ICJ, that only states may be parties. But
there are exeptions, thus World bank has set up an international arbitral tribunal to hear disputes arising out of investment
Insurgents and national
liberation movements
Insurgents in civil war have long been
recognized in international law as subjects having certain rights and duties because they control some territory and might
become the effective new government of the state.
A new problem related with the national
liberation, such as PLO, SWAPO thus not
International Organization
Is usually used to describe an organization
set up by agreement between two or more states. It is different with NGO, which is set up by individuals or group of individual such as Amnesty international or greenpeace.
article 104 UN Charter”’ the organizations
shall enjoy the territory of each of its
