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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...

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  • October 20, 2024
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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

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