HI - Week VII - Subject of International Law - revised-
Subject of International Law
Siti Noor Malia Putri
What is subject of International
law?
Possessing the capacity to have and to
maintain certain rights, and being subject
to perform specific duties
States
• Art.1 of the Montevideo Conv. On Rights
and Duties of States 1933 :
– A Permanent population
– A defined territory
– Government
– Capacity to enter into relations with other
states
• The Arbitration Commission of the
European Conference on Yugoslavia in
Opinion Nr. 1 :
The state is commonly defined as a
community which consists of a territory
and a population subject to an organized
political authority and such a state is
characterized by sovereignty
• Permanent population :
– No specification of a minimum number of inhabitants
exp. Nauru [12.000 inhabitants]
– Determined by nationality
• Defined territory
– No necessity for defined and settled boundaries
Nauru : 8 square miles
– Consistency of a band of territory controlled by the
government of the alleged state
– The declaration of the State of Palestine, Nov 1998,
Algiers was not valid
• Government
– Indication of coherent political structure and
society
– Two aspects :
• Internal the capacity to establish and maintain
law
• External independency at international level
– stable political organization had been created
• Capacity to enter into relations with other states :
– Existence of a state
– Indication of recognition by other states
• Self determination
• Recognition willingness to deal with new
states as a member of int’l community
– State fulfils the criteria of statehood
– Government effective control of a state
International Organizations
• Established by agreement with two or more
states
• Article 104 of the UN Charter the
organization shall enjoy in the territory of
each of its members such legal capacity as
may be necessary for the exercise of its
function and the fulfillment of its purposes
Reparation for injuries case
– The UN had international legal personality
– Implied power to claim the compensation for
the loss of its agents
Individuals
• The Polish – German Convention 1922
independent procedural status of individuals as
claimants before an international agency even
as against the State which they were nationals
• The Permanent Court of International Justice,
Danzig Railway Officials Case 1925, Poland v.
Danzig railway officials nothing in
international law to prevent individuals from
acquiring directly rights under a treaty provided
this is the intention of the contracting parties
• Customary International Law obligations of
international law bind individuals directly
regardless of the law of their State and of any
contrary order received from their superior
• Nürnberg and Tokyo Military Tribunal :
“crimes against international law are committed
by men, not by abstract entities, and only by
punishing individuals who commit such crimes
can the provisions of international law be
enforced”
- La Grand Case art. 36 par 1 (a) VC on
Consular Relations 1963
Insurgents and National Liberation
Movements
• Insurgency full scale war and vaguely to allow foreign
states a certain freedom to deal with internal war
• National Liberation Movements or Belligerents
– anti government forces which have established a “government”
and a military organization
– Controls a substantial area of the original state’s territory
– Capable of raising the level of warfare to that which may exist
between States
• Not entitled to exchange diplomatic representatives or to
demand membership in international organizations
The Holy See and Vatican City
• The Lateran Treaty 1929, signed between
Italy and the sovereignty of the Holy See
in the field of international relations as an
attribute that pertains to the very nature of
the Holy See, in conformity with its
traditions and with the demands of its
mission in the world
The Holy See and Vatican City - II
• Today’s status :
– Has no permanent population apart of
functionaries
– Exists to support the work of the Holy See
– Italy carries out substantial administrative
regarding the city
– Party to international treaties
– Member of the Universal Postal Union and
International Telecommunication Union
The Holy See and Vatican City - III
• Engage diplomatic relations
• Recognition by states
• Accordingly, its personality was accepted
by such partners
Siti Noor Malia Putri
What is subject of International
law?
Possessing the capacity to have and to
maintain certain rights, and being subject
to perform specific duties
States
• Art.1 of the Montevideo Conv. On Rights
and Duties of States 1933 :
– A Permanent population
– A defined territory
– Government
– Capacity to enter into relations with other
states
• The Arbitration Commission of the
European Conference on Yugoslavia in
Opinion Nr. 1 :
The state is commonly defined as a
community which consists of a territory
and a population subject to an organized
political authority and such a state is
characterized by sovereignty
• Permanent population :
– No specification of a minimum number of inhabitants
exp. Nauru [12.000 inhabitants]
– Determined by nationality
• Defined territory
– No necessity for defined and settled boundaries
Nauru : 8 square miles
– Consistency of a band of territory controlled by the
government of the alleged state
– The declaration of the State of Palestine, Nov 1998,
Algiers was not valid
• Government
– Indication of coherent political structure and
society
– Two aspects :
• Internal the capacity to establish and maintain
law
• External independency at international level
– stable political organization had been created
• Capacity to enter into relations with other states :
– Existence of a state
– Indication of recognition by other states
• Self determination
• Recognition willingness to deal with new
states as a member of int’l community
– State fulfils the criteria of statehood
– Government effective control of a state
International Organizations
• Established by agreement with two or more
states
• Article 104 of the UN Charter the
organization shall enjoy in the territory of
each of its members such legal capacity as
may be necessary for the exercise of its
function and the fulfillment of its purposes
Reparation for injuries case
– The UN had international legal personality
– Implied power to claim the compensation for
the loss of its agents
Individuals
• The Polish – German Convention 1922
independent procedural status of individuals as
claimants before an international agency even
as against the State which they were nationals
• The Permanent Court of International Justice,
Danzig Railway Officials Case 1925, Poland v.
Danzig railway officials nothing in
international law to prevent individuals from
acquiring directly rights under a treaty provided
this is the intention of the contracting parties
• Customary International Law obligations of
international law bind individuals directly
regardless of the law of their State and of any
contrary order received from their superior
• Nürnberg and Tokyo Military Tribunal :
“crimes against international law are committed
by men, not by abstract entities, and only by
punishing individuals who commit such crimes
can the provisions of international law be
enforced”
- La Grand Case art. 36 par 1 (a) VC on
Consular Relations 1963
Insurgents and National Liberation
Movements
• Insurgency full scale war and vaguely to allow foreign
states a certain freedom to deal with internal war
• National Liberation Movements or Belligerents
– anti government forces which have established a “government”
and a military organization
– Controls a substantial area of the original state’s territory
– Capable of raising the level of warfare to that which may exist
between States
• Not entitled to exchange diplomatic representatives or to
demand membership in international organizations
The Holy See and Vatican City
• The Lateran Treaty 1929, signed between
Italy and the sovereignty of the Holy See
in the field of international relations as an
attribute that pertains to the very nature of
the Holy See, in conformity with its
traditions and with the demands of its
mission in the world
The Holy See and Vatican City - II
• Today’s status :
– Has no permanent population apart of
functionaries
– Exists to support the work of the Holy See
– Italy carries out substantial administrative
regarding the city
– Party to international treaties
– Member of the Universal Postal Union and
International Telecommunication Union
The Holy See and Vatican City - III
• Engage diplomatic relations
• Recognition by states
• Accordingly, its personality was accepted
by such partners