International Law Principles Quiz

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.