Subject of International Law
What is subject to international
law?
A legal person who has a capacity to enter into legal relations and to have legal rights
States
notwithstanding differences of an economic, social, political or other nature. In particular, sovereign equality includes :– States are juridically equal
– State enjoys the rights inherent in full sovereignty
– State has the duty to respect the personality of other states
– The territorial integrity and political independence of the state are inviolable
– The right to freely choose and develop its political, social, economic and cultural systems
States II
– Peaceful co-existence
– Independence the 1949 Draft Declaration
on the Rights and Duties of States prepared by International Law Commission
• Nicaragua Case 1986 Independence cant be
presumed unless stated in the treaty, the level
States - III
• Montevideo Convention on Rights and Duties of States 1933, art. I :
States - IV
• Has been supplemented by – once independence achieved –
Permanent Population
• Determination nationality
• No lower limit
– Nauru 12.000 inhabitants
– The Vatican City • Mini States
– The Vatican City entertains diplomatic
Territory
• No limitation to the size of a State – Nauru eight square miles
– The Vatican City less than 100 acres
• State boundaries is crucial but absolute certainty is not required Israel
• State of Palestine declared in 1988
cant be regarded as a state
• Self – determination Western Sahara
Government
• Two aspects :
– Internal the capacity to establish and maintain law
– External independency at international level
• Aaland Island Case stable political
organization had been created
• Does stable political organization apply to the State that already exist? Somalia
• Failed state or Etats sans Gouvernement
Somalia
Government - II
• Three elements of failed states :
– Internal collapse of law and order total or
near breakdown of structures guaranteeing law and order
– Absence of bodies capable of representing the State at the International level
– Geographical and territorial aspect :
Government - III
• Failed state : a state that has failed for all practical purposes lost the ability to exercise its legal capacity since it can not commit the State in an effective and
legally binding way concluding
Capacity to Enter into relations with
other states
• Montevideo 1933 refers to Independence in law from the authority of any other state
the capacity to conduct the relations
Recognition
• Distinction :
– Of a state fulfills the criteria of statehood
– Of a government effective control of a state
International Organizations
• Refers to an organization established by agreement between two or more states
• Article 104 of the UN Charter the
International Organizations – II
• Article 43 of the UN Charter empowers
the UN to make certain types of treaties with member states
• Reparation for injuries case
– The UN had international legal personality
Individuals
• Treaty of Versailles 1919 jurisdiction of
the Mixed Arbitral Tribunals
• The Polish – German Convention 1922
independent procedural status of
Individuals - II
• The Permanent Court of International Justice, Danzig Railway Officials Case 1925, Poland v. Danzig railway officials
Individuals - III
• Customary International Law
Individuals - IV
• International Military Tribunal of Nürnberg and the International Military Tribunal of Tokyo
• “crimes against international law are
Individuals - V
• To the extent:
– crimes against humanity – Non human rights :
• La grand case art 36 (1) (a) of the Vienna
Insurgents and National Liberation
Movements
• Insurgency full scale war and vaguely to allow
foreign states a certain freedom to deal with internal war
• National Liberation Movements or Belligerents
– anti government forces which have established a “government” and a military organization
– Controls a substantial area of the original state’s territory
Insurgents and National Liberation
Movements - II
The Holy See and Vatican City
The Holy See and Vatican City - II
• Today’s status :
– Has no permanent population apart of functionaries
– Exists to support the work of the Holy See – Italy carries out substantial administrative
regarding the city
– Party to international treaties
The Holy See and Vatican City - III
• Engage diplomatic relations • Recognition by states
