International Law (Intrnl Class)

  (International Class)

  Why do you want to study ‘international law’?

  LAW OF NATIONS (Session 1 & 2)

  

What is meant by the term

“nation” or “state”?

Please give your opinions and

arguments?

The defnition of ‘nations’ or ‘states’

• Political bodies
• Societies of men
• Who have united together and combined their forces

• • In order to procure their mutual

  welfare and security

  WHAT IS MEANT BY THE LAW OF NATIONS?

• The Law of Nations is the science of the rights

  exist between Nations and States, and of the

  obligations corresponding to these rights

  Is the Law of Nations another name of International Law? What is international law?

• • Please give your

  

opinions about

the meaning of

the following terms:

• • “INTERNATIONAL”

• “LAW”

• • “INTERNATIONAL

  LAW”

The meaning of international law

• Modern approach: “the body of law that regulates the activities of entities possessing international personality”
• Traditional approach:

  “the conduct and relationships of

  states”

The division of international law

  PUBLIC PRIVATE

  INTERNATIONAL

  INTERNATIONAL LAW LAW (CONFLICT (INTERNATIONAL OF LAWS)

  LAW)

What is “private international law”?

• The body of law of law that regulates the relations between persons and entities in diferent states

• • Private international law = “confict of laws”

  SOURCES OF INTERNATIONAL

LAW

• Primary sources:

  1. International treaties

  2. Custom

  3. General principles of law

• Article 38 of the Statute of the International Court of Justice

  (your homework for the next meeting discussion)

Article 38 of ICJ Statute

• International convention, whether general or particular, establishing rules expressly recognized by the contesting states;
• International custom, as evidence of a general practice accepted as law;
• The general principles of law recognized by civilized nations;
• Subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualifed publicists of the various nations, as subsidiary means for the determination of rules of law.

The meaning of the three primary sources of international law

• International treaty law is comprised of obligations states expressly and voluntarily accept between themselves in treaties.
• Customary international law is derived from the consistent practice of states accompanied by opinio juris, i.e. the conviction of states that the consistent practice is required by a legal obligation.
• General principles of law is the legal principles common to major legal systems.

  Interpretation of International

Law

• • Article 31(1) of the Vienna Convention on the

  Law of Treaties:

  “A treaty shall be interpreted in good faith in

accordance with the ordinary meaning to be

given to the terms of the treaty in their context and in the light of its object and purpose”

The components of Art.31(1)

  1. “Ordinary meaning”: a restrictive

interpretation which bases on the actual

text (the textual approach). 2. “In their context”: the idea behind the treaty; what the writers intended when they

wrote the text (the subjective approach).

3. “in the light of its object and purposes”: the

interpretation that best suits the goal of the treaty (the efective interpretation approach).

INTERNATIONAL LAW

• International criminal law
• The law pertaining to use of force
• International humanitarian law
• Law of the Sea • Diplomatic Law • Consular Law • Law of State Responsibility • International environmental law
• International space law

  

Why these areas should be

regulated by international

law?

  Law and the International System (Session 3 & 4)

  Please give your opinions and examples of the three requirements above.

  

What is required by the

“International System”?

• • A normative system (to achieve our common

  values)
• A process that regulates competing demands
• A framework for predictable and agreed community behaviour

  Fundamental conficts over

international law

The concept of “a nation-state”

  (nations controlled by a centralized system of government)

• Do you agree with “the supra-

  nationalism” under the ruling of NAZI?

  

Fundamental conficts over

international law

Relations between nation-states were dictated by Treaty, unenforceable agreements to behave in a certain way towards another state

• What is your opinions regarding the

  concept of “Countries Blocks” (Western Block: NATO & Eastern Block: Warsawa Pact)?

  Do you agree that the UN endanger nation states by taking power away from state government and ceding it to an international body?

  Fundamental conficts over

international law

• The nation-state as the primary unit of international afairs
• State may choose voluntarily to enter into commitments under international law
• The creation of the United nations as an international law making body

  Fictitious Case

• The Apple Republic is an independent state but there are many rebellions in its territory demanding for a new independent state separated from the Apple Republic. States in the region in which this new republic located have entered into a regional peace treaty. The treaty regulates that each state may only have 20.000 armies and 5.000 planes for air force. The Apple Republic has 30.000 armies and 15.000 planes. The Apple Republic has been criticized by other states in the region for its over-limited military planes.

Fictitious Case

• • Group A: the head of the

  regional organization (International Fruits Organization)
• Group B: the Apple Republic • Group C: the international law

  counsel from a neutral

  state (a mediator of International Animal Organization)

  Moot Court (International Fruits

Organization vs The Apple Republic )

• Group C (International Animals Organization):

  1. Making an opening statement

  2. Describe briefy the facts of case

  

3. Make a conclusion and decision (summarize the case &

arguments)

• Group A (International Fruits Organization):

  1. Restate the facts of case

  2. Advance problems raise from the Apple Republic

  3. Advance arguments

  4. Defend the arguments

• Group B (The Apple Republic)

  1. Restate the facts

  2. Provide justifcation to the case

  3. Advance counter-arguments

MOOT COURT SCENES

  Group C (point 1 & 2)

Group A (point 1 & 2) Group B (point 1&

2) Group A (point 3) Group B (point 3)

  Group A (point 4) Group B (point 4) Group C (point 3)

  

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Sessions

Sessions

INTERNATIONAL ISSUES

• Prior to the beginning of the class, one of you should stand up in front of the class and share your information on international issues around the world.
• You may get the information from TV, radio, newspaper, magazines, Internet, etc.

STATE (Session 5 & 6)

  What is the function of international law in a state?

  

Is there a relationship between

international law and national law

(municipal law)?

  

THEORIES REGARDING THE RELATIONSHIP

BETWEEN INTERNATIONAL AND NATIONAL

  Monism Approach DUALISM Approach

• International and

  municipal law as a

  single legal system.

• • Legal regulations as

  a single legal system binds states and individuals.

• • Do you agree with

  monism theory?

DUALISM APPROACH

• international and national law are distinct legal orders (they are not parts of a unifed whole).
• Do you agree with dualism theory?

  

How do a national court adopt an

international law based on monism and dualism theories? Discuss With Your Partner

• The French Constitution provides that treties are “law” that must be applied within the French legal system.

  Does France adopt monism or dualism approach?

  THE APPLICATION OF MONISM THEORY IN

A NATIONAL COURT

• Treaties (conventions) and the orders of international organizations are applicable/ efective without any action being required to convert

  international law into municipal law.

  International Law National Court automatically

  THE APPLICATION OF DUALISM THEORY IN A NATIONAL COURT

• National court may only apply international law when the law has been incorporated into national law or when the court incorporate international law on its own motion.

  National

Adoption/

  International Law

  Law

incorporation

  

Do You Think That

International Law May Confict

With National Law?

International Law vs National Law

  Can a state breach its obligation in international law on the ground that its national law prevails international law?

The statement of the Permanent Court of International Justice (ICJ)

  ‘A state cannot adduce as against another state its own Constitution with a view to evading obligations incubent upon it under international law or treaties in force’

Hypothetical Case

• Kumkum is a President of Lo-Han-Kuo state. His country is very advanced in technology. The

  neighboring country, the Republic of Beng-Beng

  is experiencing a civil war between white and

  black people. The government is “pro” to white

  people and starts to suppress black minority people. The opposition leader of Beng-Beng Republic, Mr.Adum and his followers were almost killed by the government troops. Hence, they decide to fee to Lo-Han-Kuo state. President Kumkum does not want to involve with the internal war in Beng-Beng Republic, so he decides to refuse Mr.Adum and his followers.

• • Lo-Han-Kuo state ratifes the 1951 UN Convention

  Relating to the Status of Refugees.

Hypothetical Case

• Defnition of Refugees Under the 1951 UN Convention covers “persecution based on race, religion, nationality, etc.
• Can President Kumkum refuse Mr.Adum and his followers?

  

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Sessions Sessions SUBJECTS OF INTERNATIONAL LAW (Session 7 & 8)

  WHAT IS THE MEANING OF

“SUBJECT OF LAW”?

Please discuss with your partner

• ENTITIES OR

  ELEMENTS;

• HAVE A CAPABILITY

  TO CONDUCT LEGAL ACTS IN THE FIELD OF

  INTERNATIONAL LAW.

• POSESS RIGHTS

  AND OBLIGATION UNDER

  INTERNATIONAL . LAW SUBJECTS OF INTERNATIONAL LAW THE UNITED PEOPLE NATIONS REPUBLIC OF CHINA

  Israel PLO _VS

  VATICAN MAN OR WOMAN SUBJECTS OF INTERNATIONAL

LAW

  1. STATE;

  2. INTERNATIONAL ORGANIZATION;

  3. HOLY THRONE;

  4. INDIVIDUAL; 5. BELIGERENCY.

  Please give examples of each component of subjects of international law

  

A state should have legal personality

in order to be a subject of international

law

• PERMANENT POPULATION;
• DEFINED TERRITORY;
• GOVERNMENT;
• SOVEREIGNITY;
• THE CAPABILITY TO ENTER INTO THE RELATIONSHIP BETWEEN STATE;
• RECOGNITION BY OTHER STATES

Give your arguments!

• • Is Republic Maluku Selatan (RMS) a

  state?
• Is Palestinian a state?

• ORGANIZATION WHOSE MEMBERS

  CONSIST OF STATES

• HAVE A SIGNIFICANT MEMBERSHIP
• HAVE A STRUCTURE OF ORGANIZATION

Give examples of international organization

• Regional organization
• Multilateral organization

HOLY THRONE

• LATERAN TREATY

  1928;

• HAS SOVEREIGNITY

  AS THE SUBJECT OF INTERNATIONAL LAW;

• CAN NOT BE

  ATTACKED BY ANY STATE IN THE TIME OF WAR

Give your opinions

  Do you agree if the privilege status of Vatican is removed?

BELLIGERENCY

• THE GROUP OF PEOPLE MAKE AN ACTION TO SEPARATE

  THEMSELVES FROM

  THE SOVEREIGNITY

  OF A STATE.
• THEY POSESS HALF OF NATONAL TERRITORY AND REAL AUTHORITY.

  Give your opinions

• Is Gerakan Aceh Merdeka (GAM) a subject of international law?

INDIVIDUAL

• A person or citizen is a subject of international law.

• • For example: Former Iraqi

  Presiden, Saddam Husein.

  Analyze this case (what is the consequence of considering a person as a subject of international law?

• Slobodan Milosevic, the Yugoslav leader blamed for starting four Balkan wars and impoverishing and isolating his country, was delivered to a prison cell and eventual trial by the UN war crimes tribunal

  

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Sessions

Sessions

  

THE CASE OF GENERAL NORIEGA

(EX PANAMA PRESIDENT)

United States vs Noriega No.88-0079 C.R (S.D.Fla fled Feb 4, 1988) & United States v Noriega No.88-28 CR-T

  

(M.D.Fla fled 4, 1988)

SESSION 9

  1. Summarize the facts of the case

  2. What are the issues under the case?

  3. How do you react as Panama citizen regarding the case?

  4. How do you react as American citizen regarding the case?

  

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Sessions

Sessions

  

Recognition of States and

Governments

(Session 10 & 11)

  

WHAT IS THE MEANING OF “RECOGNITION”?

  The Meaning of “Recognition”

Recognition generally

refers to one state’s

willingness to establish or

maintain ofcial relations

with another State or its government Is it important for a state to obtain a recognition from another state?

  Germany France England Slovenia

The signifcances of recognition for a state

  

1. To obtain equality status with other

members of the international community

  2. To acquire international rights and contracting international obligations

  Types of recognition

  Recognition of Government

Recognition of States

  What is the diference between recognition of state and government?

• The tree is the state
• The leave is the government
• Please analyze this

  illustration and relate it to the diference between the recognition of state and government

  

The diference between recognition of

state and government

• Analogy:

  The tree is the state. The leaves are various governments. While governments (leaves) may come and go, the state (the tree remains)

• Once the recognition is given to a state, the recognition cannot be withdrawn.
• Recognition of a government may be lawfully withheld or withdrawn.

  

The real case

• Saudi Arabia and the United Arab Emirates withdrew their recognition to Afghanistan Taliban government when it refused to surrender Osama bin Laden in the aftermath of the events of September 11, 2001.

• • Is it permissible for the two state to

  withdraw their recognition to Taliban government?

• • Can they also withdraw their

  recognition to the state of Afghanistan?

Types of Recognition of States

• Expressed recognition
• Implicit recognition
• Collective recognition
• Premature recognition

Expressed Recognition

• Diplomatic letters/notes, statements, telegrams Example: The statement of French President to recognize the independency of Algeria on 3 July 1963.
• International treaty

  Example: Japan recognized Korea via

  article 12 of Peace Treaty on 8 September 1951.

Implicit Recognition

• Sending a diplomatic agent

• • Having a talk with an ofcial or a head

  of state
• Making an agreement with the state Example: Prime Minister of Israel,

  Shimon Perez, visited Morocco on 21

  July 1986 and had a talk with King

  Hassan II to seek solutions for Middle

  East problems.

  Collective Recognition

• Via international treaty or multilateral conference Example: 5 ASEAN countries on 18 April 1975 recognized Cambodia

  

Premature Recognition

• Recognition is given to a state although the state does not have complete constitutive

  components (no constitution,

  territorial borders are not clear) Example: recognition of a number of states to Palestinian.

  Types of Recognition of Government

• Similar to the types of recognition of state
• De facto and de

  jure recognition

• Recognition of belligerency
• Recognition of National Liberation Movements

De Facto Recognition

• The government of a state is not constitutionally valid

• • The ruling power has been efectively

  implemented in the entire territory of a state
• The government is usually established by a revolution

  Example: Iranian revolution that has

  made Shah Reza Pahlevi step down.

De jure recognition

• The ruling power has been recognized in the entire state
• The government is established by an election or the Constitution • The government in power has no competing government Example: Indonesia obtained its de facto recognition in 1945-1949 and it obtained its de jure recognition after recovering its sovereignty.

Recognition of belligerency

• A belligerent group seizes power in its own country or a portion of it

• • A belligerent group has

  a de facto power Example: France and Mexico ofcially recognized a leftist guerilla movement that had fought several years against the Colombian government

Recognition of national liberation movements

• Not yet applied universally
• Western countries such as USA and UK still reject this type of recognition Example: the recognition of PLO through UN resolution No.3237 dated 22 November 1974, the UN renders PLO a rights to be the permanent UN observer.

  

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Sessions Sessions STATE RESPONSIBILITY Session 12 & 13 What do you know about responsibilities ?

The meaning of responsibility under international law

• Responsibility is associated with “obligations”.
• State responsibility under international law means “obligations” of a state associated with its international status.
• Responsibility = liability

When a state responsibility/liability arises?

  

A state can incur liability for either

“intentional” or “negligent” conduct.

  What is the diferent between

“intentional” and “negligent”

conduct? Give your examples

Fundamental Elements of State Responsibility

  2. An act or omission that violates that obligation

  3. Some loss or articulable damage caused by the breach of the obligation.

  Hypothetical Case A vessel of Country A passed the territorial water/sea of County B. Suddenly, the tank of the vessel leaked and sum amount of oil polluted the sea of Country B?

  Questions:

  1. Is there a state responsibility issue in this case?

  2. What area of law does this case relate to?

  3. Does the conduct of Country A “a intentional” or “negligent” conduct?

  4. What is the responsibility/liability of Country A?

  5. What happens if Country A does not want to be responsible for its conduct?

  

State Responsibility vs

State Sovereignty

• • Can a state that conduct a wrongful

  act be tried in another state court?

• • When sovereign immunity applies, one

  State’s judge cannot assert jurisdiction over another state in its courts.

• • Example: Country A cannot be tried by

  the court of County B without Country A’s consent.

• Reparations must be sought in some

  other forum, possibly via a diplomatic

  intervention.

  

Equality of States

• Why does a country have immunity

  from suit in the courts of another country?

• Article 2.1 of the United Nations Charter provides that “the organization is based on the principle of the

  sovereign equality of all its Members”

The scope of sovereign immunity

  1. States

  2. Heads of State

  3. State government agencies that are conducting State business

  

Types of Immunity

• Absolute Immunity A foreign head of State was not subject to any civil or criminal prosecution during and after leaving ofce Total immunity from suit in other states, regardless of the nature or purpose of the sovereign’s acts.
• Restrictive Immunity Most states no longer extend absolute immunity to entities owned or operated by foreign governments. An entity operated by a State, in its capacity as a trader competing with other private merchants, is not necessarily given immunity from suit.

Restrictive Immunity

• Most States currently apply some form of the restrictive standard for resolving sovereign immunity questions
• How to distinguish the application of absolute immunity from restrictive immunity: 1. sovereign versus private

  2. Public versus private

  3. Commercial versus non commercial

  4. Political versus trade-related

  

Make A Hypothetical Case

Regarding Absolute and

Restrictive Immunity

  

Please Work With Your

Partner

  

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Sessions

Sessions

  

REVIEW

MATERIAL 1-13 Session 14

  1 & 2: Law of Nations

3 & 4: Law and the International System

5 & 6: International Law within the State

7 & 8: Subjects of International Law 9 : General Noriega Case 10 & 11: Recognition of States and Governments 12 & 13: State Responsibility

  

Hypothetical Case

• Country A’s chemical factory was established near the border of Country B. Country A has taken maximum steps to avoid pollution or any chemical contamination to the river bordering between

  Country A & B. The revolution was about to begin in

  Country A. As the result of gun fres between the

  ruling government and anti government group, one

  of the main pipes of the was badly damaged.

  Dangerous chemical in the pipe spread to the river.

  10.000 cows of Country B died after drinking the water from the river.
• The anti government group eventually replaces the

  existing government of Country A through a people

  revolution. Country B wishes to sue Country A for the

  death of its cows. Country B has not made decision

  whether to recognize the new government of Country

  Hypothetical Case Questions:

  1. Does this case deal with national law or international law? Why

  2. Which branch of international law does deal with this case? Why?

  3. State the main issues of this case.

  4. Give your advise to the government of Country A.

  5. Give your advise to the government of

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Mid Semester

Mid Semester

  Exam Exam

Human Rights (Session 15 & 16)

  What is the meaning of the term “human rights” according to you? Why human rights are signifcant?

The Meaning of Human Rights

• Human rights are those rights possessed by an individual that cannot be withheld or withdrawn by a state”
• “The protection of individuals and groups against violations by

  governments of their internationally

  guaranteed rights”.

International Bill of Human Rights

  1. The 1948 Universal Declaration of Human Rights (UDHR)

  

2. The 1966 International Covenant on

Civil and Political Rights (ICCPR)

  

4. The 1966 International Covenant on

Economic, Social, and Cultural Rights (ICESCR).

  

The 1948 Universal Declaration of

Human Rights (UDHR)

• First Category covers “civil and political rights”:

  

1. The right to life, liberty, and security of the

person

  2. The right to leave and enter one’s own country

  3. Freedom from slavery and torture

  4. Freedom from discrimination, arbitrary arrest, and interferences with privacy

  5. The right to vote

  6. Freedom of thought, peaceable assembly, religion and marriage

  

The 1948 Universal Declaration of

Human Rights (UDHR)

• Second category consists of

  economic, social, and cultural

  rights:

  1. The right to own property

  2. The right to work

  3. The right to maintain an adequate

standard of living and health, and

  4. The right to an education

Is this case against Human Rights? (Indonesian Case)

  

Let’s watch, analyze, criticize and

make recommendations

regarding the movie

  

The 1966 International Covenant on

Civil and Political Rights (ICCPR)

• The essential provisions are:
• Articles 2,4,6,7,8,9,12,17,18,19,20,23,26,27,28

  

Your Tasks:

Please explain the contents of each provision Two Optional Protocols to the

  

ICCPR

• The frst Protocol is designed to monitor compliance with the ICCPR via Article 28 Human Rights Committee • The frst Protocol enabled the committee to receive and consider communications from individuals who claim to be victims of violations of the rights set forth in the ICCPR.

  

Two Optional Protocols to the

ICCPR

• The second Protocol is a separate treaty that was designed to put teeth into ICCPR previsions.
• Art. 6 of the ICCPR attempts to limit death penalty practice
• States that ratify the second Protocol thereby agree not to impose the death penalty under any circumstances.
• Under the second Protocol, reservations are permitted only for “the most serious crimes of a military nature” committed during time of war

  

The 1966 International Covenant on

Economic, Social, and Cultural Rights

(ICESCR)

• The ICESCR requires state parties to provide adequate or improved living

  conditions for its inhabitants and to

  facilitate international cooperation to achieve this objective.
• The essential provisions: articles 3,6,7,9,11,10,11,13,15,16,17.

  Your task is to explain the contents of each article

Human Rights Treaties in Europe

  1. The European Human Rights Convention (ECHR) contains civil and political rights that are virtually identical to those set forth in the UN Covenant on Civil and Political Rights.

  2. The European Social Charter contains the same economic and social rights set forth in

the UN Covenant on Economic, Social and

Cultural Rights.

• The Judicial Body is the European Court of

  Human Rights.

  The Executive Body is the Council of Ministers

Latin America’s Human Rights Norms

  1. The 1948 Charter of the Organization of American States (OAS).

  2. The 1948 American Declaration of the Rights and Duties of Man.

  

3. The 1978 American Convention on Human

Rights.

• The norms are monitored by the Inter- American Commission on Human Rights.
• The Commission may only study, report

  and recommend. It has no enforcement

  powers

  

Africa’s Human Rights

Program

• The 1986 African Charter on Human and People’s Rights.
• The 1986 African Charter contains many of the human rights principles mentioned in the UN Charter and the UN Universal Declaration of Human Rights • The 1986 African Charter established the

  African Commission on Human Rights, which monitors human rights enforcement on the African Continent.

• The Commission may only study, report and recommend. It has no enforcement

  Your assignment (1500 words)

The Violations of Human Rights in Asia

  

(The analysis of the International Bill

of Human Rights) You may choose:

  

1. Any real case regarding the

violation of human rights in a country in Asia (example, Indonesia, China, Myanmar, etc)

  

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Sessions

Sessions

Citizenship (Sessions 17 & 18)

  WHAT IS THE MEANING OF ‘CITIZENSHIP ’?

The Meaning of Citizenship

  

Citizenship (an individual’s

nationality) is a bond between

an individual and a state that

establishes reciprocal rights and

duties between them.

  

Nationality

• Nationality is a legal, political, and social link between the individual and the state

• • Nationality establishes mutual expectations

  for both the state that confers it and the individual who acquires it

• • Examples of the rights of a state: imposing

  taxes on an individual, serving military forces.
• Example of the rights of an individual: obtaining a state protection

How is citizenship acquired?

  2. Passively, by being born in a state that considers a child born there its citizen

  3. Actively, by naturalization of an individual who voluntarily changes allegiance from one state to another.

PARENTAGE

• The child’s citizenship was that of the parents
• Jus Sanguinis or ‘blood rule’ for establishing citizenship.
• Applied in Europe, Latin America and many English speaking countries.
• Give your

  BIRTH

• • A nationality by

  birth rule.
• Jus soli or “soil rule” for determining citizenship.
• Give your

  examples

  

Naturalization

• Individuals may actively change their nationality through the process of naturalization.
• The national law of the country from which nationality is sought establishes its naturalization requirements.

  

Please explain how to obtain

Indonesian nationality through the process of nationalization

NEW FORMS OF CITIZENSHIP

  1. Citizenship provided by an international organization

  2. Citizenship in a borderless world

ORGANIZATIONAL CITIZENSHIP

• Early 1974, the Paris Summit of the Heads of States

  launched a study of “the conditions under which

  the citizens… of the Member States could be given social rights as members of the [European] community.
• The rights of EU citizens within the EU:

  1. The right to move and reside freely within the territory the territory of the member states;

  2. The right to vote and be a candidate at municipal elections in the member state in which he resides, although not a citizen of the member state, under the same conditions as nationals of that state;

  

3. Protection by the diplomatic or consular authorities

of any member state, on the same conditions as

the nationals of that state;

  

4. The right to petition the European Parliament about

any matter that comes within the Community’s

felds of activity and that afects that citizen.

CITIZENSHIP IN A BORDERLESS WORLD

• With the advent of the information age, or the electronic world of ‘cyberspace’, citizen one day may not be dependent on the relationship between the individual and the state.
• Globalization will revise the degree to which nation-states are sovereign as borders become less relevant

• more than one nation

  A dual national possesses the citizenship of

• An individual may acquire dual nationality because:

  jus soli rule of automatic nationality by birth

  2. Simultaneously acquire the parents’ citizenship when their home nation applies the jus sanguinis rule of parental nationality.

  Unusual Burdens As A Results of Dual Nationality

• Give your opinions:

  1. Jurisdiction

  2. Taxes

  3. Military service

  4. Protection when he/she is harmed in a third nation

STATELESS

• WHAT DO YOU KNOW ABOUT ‘A

  STATELESS’ PERSON?

• CAN YOU GIVE EXAMPLES WHAT CAUSES

  THE STATUS OF STATELESS ON AN

  INDIVIDUAL?

STATELESS

• • Individuals are stateless when they lack the

  nationality of any state.
• Loss of one’s original citizenship-typically conferred by birth or parentage, without obtaining a new citizenship-renders the individual stateless.
• The individuals cannot claim the bond of

  citizenship with any state to protect them.

• There is no state to come to aid of an individual who is in need of diplomatic

REFUGEES

• WHAT IS THE MEANING OF ‘REFUGEES’ ACCORDING TO YOU?
• Ahmad is a Palestinian who fought for the liberation of Palestine. Due to the suppression of Israel, he fed to Lebanon.
• Is Ahmad a refugee?
• Nguyen lived in South Vietnam, but since the civil war in Vietnam, he could not live comfortably anymore. He decided to run away from Vietnam in order to obtain a better life.
• Is Nguyen a refugee?

  

Refugees under International

Law

• Article 1.A.(2) of the 1951 Geneva Convention on the Status of Refugees:

  

A refugee as any person who “owing to a

well-founded fear of being persecuted for

reasons of race, religion, nationality, membership of a particular social group or

political opinion, is outside the country of

his nationality and is unable, or, owing to

such fear, is unwilling to avail himself of the protection of that country; or, who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or …

  

Refugees’ Legal Status Under

International Law

• Article 33.1 of the 1951 Convention: