International Law Principles Quiz

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Questions and Answers

What is the primary characteristic that determines an entity's status as a subject of International Law (IL)?

The possession of international personality. (correct)

The presence of a well-defined territory and population.

The ability to enter into treaties with other entities.

The recognition by other states as a sovereign entity.

Which of the following is NOT considered a fundamental aspect of international personality?

Right to enjoy privileges and immunities from national jurisdiction.

Ability to assert claims for breaches of international law.

Capacity to enact national laws. (correct)

Capacity to conclude treaties with other states.

According to the Reparations Case, what is the key principle regarding the subjects of law in any legal system?

States are the only subjects of law with true international personality.

The concept of international personality is irrelevant in domestic legal systems.

The extent of rights and obligations depends on the needs of the community. (correct)

All subjects of law must possess identical rights and obligations.

Which of the following entities is NOT typically considered a non-state actor in international law?

National governments. (A) Signup and view all the answers

What is the defining characteristic of a sovereign government, according to the content?

The supreme authority and independence within its own territory. (A) Signup and view all the answers

According to Oppenheim, what constitutes a 'State proper'?

A people settled in a territory under their own sovereign government. (A) Signup and view all the answers

What is the significance of the statement "the subjects of law in any legal system are not necessarily identical in their nature or in the extent of their rights"?

It suggests that the scope of rights and duties can vary depending on the entity. (A) Signup and view all the answers

Which of the following is NOT a condition for the existence of a state, as outlined in the content?

A shared culture and language. (D) Signup and view all the answers

What did Don Genero Estrada order regarding Mexican diplomats in 1930?

To issue no declarations that implied recognition. (B) Signup and view all the answers

What is one legal effect of recognition in municipal law?

Only a recognised State/Govt can sue in the courts of a recognising State. (B) Signup and view all the answers

What do Malaysian courts rely on to determine if a State or Government is recognised?

A certificate from the Foreign Office. (B) Signup and view all the answers

Which of the following statements about the effects of recognition is true?

Only recognised States have their acts accepted as valid in recognising States. (D) Signup and view all the answers

In the context of diplomatic relations, what aspect did Estrada emphasize as being offensive?

Granting recognition through declarations. (B) Signup and view all the answers

What is a primary objective of National Liberation Movements (NLM)?

To gain international recognition based on self-determination (D) Signup and view all the answers

Which of the following is NOT a qualification for statehood according to Article 1 of the Montevideo Convention?

An economic system (D) Signup and view all the answers

What does the capacity to enter into foreign relations imply for a state?

It is able to conduct business and treaties with others (C) Signup and view all the answers

Which characteristic of a state implies a stable allegiance from its population?

Permanent population (D) Signup and view all the answers

What was the status of individuals under international law before the 20th century?

Individuals were merely objects of international law. (A) Signup and view all the answers

What is the relationship between statehood and human rights?

Statehood can be denied if a state does not respect human rights. (C) Signup and view all the answers

How has the Montevideo Convention influenced international law?

It has become customary international law (A) Signup and view all the answers

What crimes can individuals be punished for under international law?

Piracy, genocide, and war crimes. (D) Signup and view all the answers

What does the principle of 'self-determination' pertain to in the context of state creation?

The freedom of provinces to seek independence from a federal entity. (B) Signup and view all the answers

Why is population size not a criterion for statehood?

A core stable population is more significant than size (B) Signup and view all the answers

How does the Western view perceive individuals in terms of international personality?

They have a limited degree of international personality. (C) Signup and view all the answers

What is the primary function of recognition in international law?

To validate the existence and rights of a state within the international community. (C) Signup and view all the answers

What constitutes a 'failed' state according to its governance characteristic?

Dependency on foreign military support (D) Signup and view all the answers

What legal status do corporations hold under international law compared to individuals?

Corporations are treated equally to individuals regarding international personality. (C) Signup and view all the answers

Which option best represents the rights of National Liberation Movements (NLM)?

The rights and obligations from international humanitarian law (B) Signup and view all the answers

According to the declaratory theory, the recognition of a new state is considered:

A mere acknowledgment of existing statehood. (C) Signup and view all the answers

What is essential for individuals or corporations to attain international personality?

Creation of international treaties by states. (D) Signup and view all the answers

What is the status of insurgents in a civil war under international law?

They are recognized as subjects with certain rights and duties. (B) Signup and view all the answers

What does the constitutive theory of recognition emphasize?

A state’s legal status is confirmed only through recognition. (C) Signup and view all the answers

Which document stipulates that only sovereign states have access to contentious cases before the ICJ?

Art. 34(1) SICJ (A) Signup and view all the answers

What was a key outcome of the Badinter committee's stipulations regarding new entities?

Entities were required to ensure minority group rights. (B) Signup and view all the answers

What is one of the main concerns that the community has developed regarding individuals under international law?

To safeguard the rights of the individual. (D) Signup and view all the answers

What effect did the Tinoco arbitration have on recognition in international law?

It highlighted the importance of contractual agreements for recognition. (D) Signup and view all the answers

Which concept asserts that a state exists by virtue of being recognized?

Constitutive theory (D) Signup and view all the answers

Which of the following criteria for statehood is not mentioned in the Montevideo Convention on Rights and Duties of States 1933?

A functioning legal system (A) Signup and view all the answers

Study Notes

Subjects of International Law

An entity is a subject of international law (IL) if it has "international personality."
International personality is generally accepted as:
- Rights and obligations under international law
- Treaty-making capacity
- Capacity to make international claims
- Enjoyment of privileges and immunities from national jurisdictions

Subjects

Subjects can be states, non-state actors, individuals, international organizations, and multinational companies.

States as Subjects of IL

According to Oppenheim, a state exists when a people is settled in a territory under its own sovereign government.
Four conditions must exist for a state:
- A people who live as a community regardless of race or religion
- A territory where the people are settled
- A government
- A sovereign government (supreme authority and independence).

Criteria of Statehood Under IL

Article 1 of the Montevideo Convention on Rights and Duties of States (1933):
- A permanent population
- A defined territory
- A government
- Capacity to enter into relations with other states

International Organizations

The United Nations (UN) has treaty-making power as affirmed in Article 104 of its Charter.
The Reparations case established that international organizations have a large measure of international personality.
They possess international rights and duties, and can maintain their rights through international claims.
Two criteria for determining international personality are:
- The intention of member states to establish an organization with distinct legal personality separate from its members
- The practical exercising of functions and enjoyment of rights

Individuals as Subjects of IL

Prior to the 20th century, individuals were objects of international law, not subjects, but awareness of the need to safeguard individual rights increased later.
Human rights became a significant concern for states in the 20th century.
Individuals who commit certain international crimes (piracy jure gentium, slave trading, genocide, war crimes, and crimes against humanity) can be punished under international law.
- Nuremberg Judgment highlighted that crimes against international law are committed by men and not abstract entities; thus, individual punishment is essential to enforce international law provisions.

Individuals' Rights Under IL

Many international law rules are created to protect individuals' rights, but the rules don't necessarily grant them rights.
Western views tend to acknowledge that individuals have limited international personality compared to international organizations.
Individuals do not normally have access to the ICJ.

Corporations as Subjects of IL

Corporations are treated similarly to individuals in terms of international personality.
States often interact with corporations for commercial purposes.
There's the potential for contractual relationships between states and corporations to be governed by international law.

Insurgents and Belligerents

Insurgents and belligerent groups within a state sometimes engage in legal relationships and sign treaties with other states and belligerents/insurgents.
They are considered to have certain rights and duties under international law.

National Liberation Movements

National liberation movements (NLM) of colonized, alien-dominated, or racially oppressed peoples, with representative organizations like the PLO, can be considered subjects of international law.
Most movements are hosted in a friendly country where military operations against adversaries are conducted.
Often, their legitimacy is based on the principle of self-determination.
They are granted rights to self-determination, rights and obligations deriving from International Humanitarian Law (IHL), and the capacity to enter into treaties/agreements with states or other entities.

Recognition of States

Recognition in international law formally acknowledges a state's existence within the international community.
It can occur expressly or implicity.
Key elements of statehood in the Montevideo Convention (1933) are discussed. This include the principle of self-determination.
- A permanent population
- A defined territory
- A government
- Capacity to engage in relations with other states

Recognition of Governments

The doctrine recognizes governments based on de facto existence rather than their legitimacy.
New governments, particularly in revolutions, need to show they have effective control over the state's territory and that this control is likely to continue
Recognition of a state's change of government is considered an internal affair, outside the purview of international law.

Legal Effects of Recognition

Recognized states have the right to sue/be sued in other states courts.
They claim immunity from those courts' jurisdiction
Legislative, judicial, and executive acts of recognized states are valid in those states courts

Malaysian Practice

Malaysian courts, in practice, sometimes use certificates from the British Foreign Office for recognizing states or governments.

Tinoco Arbitration

In 1917, the Tinoco regime came to power in Costa Rica through a coup.
The arbitrator found the Tinoco regime effectively controlled Costa Rica, despite lacking recognition by some states, so their acts still had effect.

Conclusion on Subjects of International Law

Individuals and corporations do not have the same rights as full subjects of international law.
These entities may gain this level of personality only if conferred by states via international treaties.

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Description

Test your knowledge of key concepts in International Law with this quiz. Explore topics such as international personality, state recognition, and the fundamental characteristics that define entities in this legal system. Ideal for students and professionals looking to refresh their understanding of international legal principles.