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Subjects of International LAw
Subjects of International LAw
SUBJECTS OBJECTS
An ENTITY that has rights and A PERSON or a THING in
responsibilities under respect of which rights are held
international law and obligations assumed by
the subject
Can be a PROPER PARTY in Not directly governed by the
transactions involving the rules of international law
application of the law of
nations among members of the
international community
STATES
State
- a group of people, living together in a fixed territory
- organized for political ends under and independent government
- and capable of entering into international relations with other States
Elements of a State
- Permanent Population
- Defined Territory
- Government
- Capacity to enter into relations with other States
Characteristics Statehood
- Ability to enter into treaties and other agreements with other States
- Exclusive competence with respect to purely domestic affairs
- Freedom from the jurisdiction of international tribunals
THEORIES ON RECOGNITION
a. Constitutive (Minority View)
o recognition is COMPULSORY and LEGAL
o may be compelled once the elements of a State are established
KINDS OF RECOGNITION
- May be EXPRESS or IMPLIED, may also be:
- DE FACTO:
o Extended by the recognizing State, which believes that some of the requirements for recognition are absent.
o Recognition is generally provisional and limited to certain juridical relations
- DE JURE:
o Extended to a government fulfilling the requirements for recognition.
o When there is no specific indication, recognition is generally considered as De Jure.
EFFECTS OF RECOGNITION
- Diplomatic relations
- Right to sue in the courts of the recognizing State
CREATION OF STATES
- By revolution
- Unification
- Secession
- Assertion of independence
- Agreement
- Attainment of civilization
EXTINCTION OF STATES
- By extinction or emigration en masse of its population
- Loss of territory
- Overthrow of government resulting in anarchy
PRINCIPLE OF STATE CONTINUITY – the State continues as a juristic being notwithstanding changes in its circumstances,
provided only that such changes do not result in the loss of any of its essential elements
CLASSES OF STATES
- Independent – has freedom to direct and control foreign relations without restraint from other States
- May be:
o Simple – single central government
o Composite – two or more sovereign States joined together to constitute one international person
- Dependent – an entity which, although theoretically a State, does not have full freedom in the direction of its external
affairs, such as protectorate
- Neutralized – whose independence and integrity are guaranteed by an international treaty on the condition that such
State obligates itself never to take up arms against any other State
Dependency – a territory distinct from the country in which the supreme sovereign power resides, but belongs rightfully to it, and
subject to the laws and regulations which the sovereign may prescribe
*Amendment
*Purposes
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