Subjects of Public International Law with accurate solutions for all exam questions
7 views 0 purchase
Course
Subjects of Public International Law
Institution
Subjects Of Public International Law
Do international legal persons have the same rights as IL - ANSWER-International legal persons do not have the same rights or capacities in international law. Different legal persons have different capacities in law.
Meaning of International Legal Personality - ANSWER-If an entity has interna...
Subjects of Public International Law with
accurate solutions for all exam
questions
Do international legal persons have the same rights as IL - ANSWER-International legal
persons do not have the same rights or capacities in international law. Different legal
persons have different capacities in law.
Meaning of International Legal Personality - ANSWER-If an entity has international legal
personality then they are capable of exercising international rights and/or duties.
What are the different capacities an international person may have under international
law? - ANSWER-To have rights and obligations under international law.
To be a party to a case before international courts
To make unilateral acts
To make treaties
To make customary international law
To enforce international law
Who are the participants of the International Legal System - ANSWER-States = they
have full capacity or international personality (primary subjects of Public international
law)
Individuals, corporations and other groups = limited capacity under PIL depending on
will of state e.g. individual and collective human rights, individuals criminal
responsibility, investor protection.
International organisations = some competences delegated by states = functional
personality = secondary subjects of PIL
What does article 2(1) UN Charter state - ANSWER-The UN is founded on the
sovereign equality of States.
So states are equal no matter their size or economic/military power.
, Article 2 (1) - (5) UN Charter - ANSWER-(1) The Organization is based on the principle
of the sovereign equality of all its Members.
(2) All Members, in order to ensure to all of them the rights and benefits resulting from
membership, shall fulfil in good faith the obligations assumed by them in accordance
with the present Charter.
(3) All Members shall settle their international disputes by peaceful means in such a
manner that international peace and security, and justice, are not endangered.
(4)All Members shall refrain in their international relations from the threat or use of force
against the territorial integrity or political independence of any state, or in any other
manner inconsistent with the Purposes of the United Nations.
(5) All Members shall give the United Nations every assistance in any action it takes in
accordance with the present Charter, and shall refrain from giving assistance to any
state against which the United Nations is taking preventive or enforcement action.
What is the criteria for statehood - ANSWER-Article 1, Montevido Convention on the
Rights and Duties of States, 1934 states that a state as a person of international law
should possess:
- a permanent population
- a defined territory
- a government
- the capacity to enter into relations with other states
Convention is regarded as customary law
What is the criteria for statehood population? - ANSWER-Western Sahara, Advisory
Opinion [1975] ICJ Rep 12.
- population must be present
- size of population is irrelevant
- no need for population to be indigenous or to have lived there for a certain amount of
time
What is the criteria for Statehood: Territory? - ANSWER-- States are territorial entities
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller academiashop. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.99. You're not tied to anything after your purchase.
