Week 4 Lecture 4 Subjects of IL 2024 PDF

Public International Law Subjects of IL Week 4 Lecture : Subjects Anna Schmitt Nagelbach Subjects of International Law 1. A individual, body, or entity 2. recognized or accepted 3. capable of possessing and exercising 4. rights and d...

Public International Law Subjects of IL Week 4 Lecture : Subjects Anna Schmitt Nagelbach Subjects of International Law 1. A individual, body, or entity 2. recognized or accepted 3. capable of possessing and exercising 4. rights and duties 5. under IL. 1 Lecture Anna Schmitt Nagelbach  States Terra nullius (no longer exists) Decolonization process  independence USSR broke up  new states emerged Yougoslavia broke up  new states emerged Lecture 1 Anna Schmitt Nagelbach We define states according to the Montevideo Convention Montevideo Convention Art. 1 provides that a state must have : 1. A defined territory 2. A permanent population 3. A government 4. Capacity to enter into relations with other states Lecture 1 Anna Schmitt Nagelbach  1. Territory Must have a distinct ‘address’ latitude and longitude Territory does not have to be completely uncontroversial How to acquire more territory - Discovery (terra nullius) - must establish settlement (physical occupation) - occupation and prescription (UoF prohibited!) - Cession –Lecture 1 to give a territory to another state (usually for money) a state agreeing - Adjudication – ICJ Anna Schmitt Nagelbach Island of Palmas case (1928) Netherlands v. United States 1898 : Spain transferred the Philippines to the US by a treaty. 1906 : US found the Island of Palmas - US claimed it had acquired sovereignty through the treaty - NL argued that it had already acquired sovereignty over the island by governing Arbitrator decided that the NL had acquired the territory by means of occupation : ‘the continuous and peaceful display of territory is as good as title’ Lecture 1 NL demonstrated an unchallenged connection to the territory shown by a series of Anna Schmitt Nagelbach administrative acts from the 18th century onwards  2. Population Number not important , permanence is important Lecture 1 Anna Schmitt Nagelbach  3. Government Can be any type of government - collects taxes - law and order - is there someone to contact Central control Sovereignty and independence are integrated elements of having a government State never depends on another authority other than itself Lecture 1 Anna Schmitt Nagelbach  4. Can enter into relations Colonialism in 1930s (context of Montevideo) Sovereignty / independence OR Abillity to enter into relations with other states Lecture 1 Anna Schmitt Nagelbach  Recognition - necessary for statehood - a state comes to exist in international law through recognition - evidence = a state satisfies the criteria to become a state - a political act, not a legal act Recognition is not obligatory – states do not have to recognize other states eg Haitian slaves announced their independence from France, other states did not recognize it - even entering intoLecture 1 a Treaty together does not necessarily mean recognition Anna Schmitt Nagelbach Diplomatic relations is recognition – exchanging diplomats Recognition is a one bullet gun – only used once. Recognition of states theories Implicit – declaratory (acknowledgement that the state has legal capacity) - recognition of no real legal relevance - if it meets the 4 requirements, it is already a state Express – constitutive (formal recognition) - depends on acceptance by existing members - recognition is seen as essential (eg Biafira 1967) Lecture 1 Anna Schmitt Nagelbach Recognition of governments De facto – aims to recognize and legitimize a situation whereby a new government is in effective control of a territory De jure – a government recognized as the legitimate holder of power, but which has not yet achieved full and effective control over part of its territory Lecture 1 Anna Schmitt Nagelbach  Trusteeship Council Inactive organ of the UN Helped new enteties to become states in the 1990s - how to set up a system to collect taxes ; provide services Art 76 UNC One of the basic objectives of the trusteeship system is to promote the progressive development of the inhabitants of the trust territories towards self government or independence Lecture 1 Anna Schmitt Nagelbach  Extinction of Statehood - Merger  1990 North and South Yemen Unification ; East and West Germany 1993 : Czecheslovakia dissolution (aplit into two countries) - Absorption  East and West Germany unifying - Annexation  Russia annexed Crimea in 2014 Lecture 1 Anna Schmitt Nagelbach  Rights of States Independence Equality Peaceful Co-existence Protectorates and Protected States Federal States Lecture 1 Anna Schmitt Nagelbach  Sui Generis Entities Germany 1945 was controlled by US, France, UK, Soviet Union Taiwan - recognized by 23 states - China assumes itself to be the mainland of Taiwan - Taiwan sees itself as a sovereign state - trade relations Holy Sea and Vatican City - no permanent population Lecture even the1Pope is not a citizen of Vatican City - diplomatic relations Anna Schmitt - embassies existNagelbach around the world - has a government - has a territory - enters into treaties International Organizations - Intergovernmental Organizations - Can be subjects of IL - Created by states - No territory, but function - Can enter intro Treaties - Cannot make a claim to the ICJ Lecture 1 Anna Schmitt Nagelbach