Personality and recognition states as the key players in international law
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Personality and Recognition: States as the key players in international law. ‘A subject of the law is an entity capable of possessing international rights and duties and having the capacity to maintain its rights by bringing international claims’ legal personality

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Personality and recognition states as the key players in international law
Personality and Recognition: States as the key players in international law

  • ‘A subject of the law is an entity capable of possessing international rights and duties and having the capacity to maintain its rights by bringing international claims’

  • legal personality

  • accepted list: states, international organizations, agencies of states, political entities similar to states, internationalized territories, UN admin of territory prior to independence


Other examples of personality
Other examples of personality? international law

  • non-self-governing people

  • national liberation movements

  • states in statu nascendi

  • belligerent and insurgent communities

  • entities sui generis (Holy See)

  • individuals

  • corporations

  • personality for particular purposes


States
States international law

  • Montevideo Convention on Rights and Duties of States 1933:

    • permanent population

    • defined territory

    • government (effective? self-determination?)

    • capacity to enter relations with other states (independence)


Related categories
Related Categories international law

  • dependent states: foreign control under a title of international law, or by consent

  • federations

  • associations of states

  • emergent states

  • illegal occupation (ex injuria non oritur jus)

    Article 4 of the UN Charter


Other important concepts regarding states
Other Important Concepts regarding states international law

  • continuity – general rule about changes in government

  • identity

  • succession (new international legal personality)

  • recognition (de facto; de jure), role of community, contested concept – declaratory and constitutive views, a matter of intention, duty to recognize?


International court of justice
International Court of Justice international law

  • PCIJ successor

  • 15 members

  • jurisdiction: articles 36 and 65

  • integral part of the UN Charter