Chapter 4: Actors in the International Legal System

A. The State

A.1. State v Government

A.2. Issue of Recognition

Approaches as to nature of recognition

-Declaratory View v Constitutive View

A.3. Montevideo Convention on the Rights and Duties of States

Elements:

- Permanent population

- Defined territory

- Government

- Capacity to enter into relations with other states

State Independence

A.4. Illegality in the creation of a State

Ex injuria jus non oritur

Exception: further the realization of Right to Self-determination

A.5. Right to Self-Determination

In Reference re Secession of Quebec

- Internal Self-determination v External self-determination

A.5. Acquisition of new Territory

Ways:

- Cession

- Accretion

- Avulsion

- Occupation- Terra nullius

- Prescription

A.6. State Succession

Approaches to State Succession

 - Clean Slate Approach

Exception: Uti Possidetis Juris

A.7. Extinction

Disintegrates and Subsequent Splits into a range of new states

Merger

Agreement to split

B. International Organization

An organization established by a treaty or other instrument governed by international law and

possessing its own international personality.

In the Reparation case, the ICJ clarified that United Nations is a legal subject capable of possessing
international rights and duties and with the capacity to protect its rights by bringing international claims
for injury to its personnel

C. Individuals

Human Rights Law

International Law as basis for Criminal Prosecution of individuals

- Crime of Piracy, Hijacking of aircraft, war crimes, crimes against humanity

D. Other actors in international law

Territorial entities other that states

- E.g. Taiwan, Hongkong

Group of individuals

-e.g. indigenous groups

Private Corporation

- Contractual relationship between a state and a corporation

Non-Governmental Organization

- do not possess rights or obligations under international law and as such they do not possess legal
personality

Exception: International Committee of the Red Cross- mandate is grounded in international conventions
Chapter 5: Jurisdiction
Source

A. Jurisdiction to Prescribe

Authority of States to apply its national laws to any individual, property, or event no matter where
they may be located or occur.

Principles

A.1. Territorial Jurisdiction

Jurisdiction over all acts, whether criminal or not, committed on its territory

Jurisdiction over everyone located on the territory of that state

Includes airspace and territorial sea

Objective Territoriality: completed v Subjective Territoriality: initiated or planned on the territory

A.2. Jurisdiction on the bases of Nationality

Active Personality Principle- extension of the laws of the state to their own nationals regardless of
where they are located

Passive Personality Principle- nationality being the sole ground for asserting jurisdiction

Dual Nationality

A.3. Protective Jurisdiction

Protection of state interest from potential harm

A.4. Universal Jurisdiction

Any state may acquire jurisdiction- offense is so serious and disruptive to international society

Universal Jurisdiction in absentia v aut dedere aut judicare

A.5 Concurring/overlapping jurisdictions

More than one state is entitled to claim jurisdiction

Principle of Comity

A.6. Jurisdiction over aircraft and ships

B. Jurisdiction to enforce

B.1. General Rule (Lotus Case)

‘First and foremost restriction imposed by international law upon a state is that- failing the existence
of a permissive rule to the contrary- it may not exercise its power in any form in the territory of another
state.’

B.2. Extradition

Principles that governs Extradition

-Double Criminality

-Double Jeopardy- Ne Bis in Idem

-Extradition is bound by obligations in human rights conventions

B.3. Mala captus, bene detentus