SUBJECTS OF INTERNATIONAL LAW
established subjects of international law include
1. states 2. international organisations
there's is no requirement in international law for defined and settled boundaries e.g Israel, Albania . true or false
true
controversial subjects of international law
1. diminutive states 2. individuals 3. multinational corporations
division of powers in the federal arrangement raises questions in international law in areas of
1. immunity 2. personality 3. responsibility
a protected state possesses any of the following features
1. made concession to another state in matters of jurisdiction and administration 2. has conferred wide power of agency and representation in foreign affairs 3. suffers interference from another state and is not within complete control of patron state 4. legal person of a special type appearing on international pane for only specific reasons
legal personality of international organisations is divided into
1. objective personality : capacity to bear right and duties 2. functional personality ; personality based on function and purpose 3. derivative personality
Art 1 Montevideo convention on the rights and duties of a state, the characteristics of a state include (PDGC)
1. permanent population 2. defined territory 3. Government 4. capacity ; recognition; self determination
types of states
1. unitary states 2. federal states ; constitutional provisions and recognition; Ukrainian USSR & Belarussian USSR 3. protected or dependent state
Nauru has only
120000 inhabitant
a state must have stable population unlike Somalia which has its population dispersed in
Ethiopia, Tanzania and Kenya
North Sea continental shelf case
ICJ said indefinite boundaries need not defeat a claim for statehood
nottebohm case
ICJ said only when there is a genuine link between an individual and a state can diplomatic protection arise
Declaration of arbitration commission of the European conference on Yugo salvia, a state is (CTPSS)
a community which consists of territory, population and subject to an organised political authority characterised by sovereignty
North America Dredging Company case
a n individual cannor denounce a state's right to espouse a claim on his behalf
states in statu nascendi
a political community controlling a certain area of territory and having statehood as its objective may be recognized in the international community as a state in statu nascendi
what is a state (TGPT)
a state is an entity which personifies a territory, government, a population which transacts business with other members of the international community
Reparation for injuries case (definition of subject)
a subject is an entity capable of possessing international rights and duties and having capacity to maintain it's rights by bringing international claims
what is subject
an entity endowed with capacity. capacity is the ability to possess rights and create obligations
international organisations is
an entity established by agreement which has states as its principal members
A protected state is
an entity that retains its status as a separate state but enters into a valid treaty with another state affording the later certain extensive functions possibly internally and externally
Nuremburg Tribunal 1946
crimes against international law are not committed by abstract entities but by individuals and the only way to protect international law is to punish those individuals
a subject of international law is someone who
has capacity to engage in international transactions
nuclear weapons case
international organisations do not possess general competence, they are governed by the speciality principle
Deutsche continental gas v polish state
it is enough that the territory has sufficient consistency even if the boundaries are not accurately delimited
diminutive states
these are states that have below the required population and size to be regarded as subjects. The Gambia, holy see
an established state's statehood would not be nullified if it is without a government for a while. true or false
true
