CHAPTER THREE INTERNATIONAL COMMUNITY >> may be described as the body of juridical entities which are governed by the

law of nations. Subjects of International Law: (UVCMIBI) -is an entity that has rights and responsibilities under that law. -has an international personality in that it can directly assert rights and be held directly responsible under the law of nations. -has the faculty of motivation -can be a proper party in transactions involving the application of the law of nations among members of the international community. United Nations Vatican City Colonies and dependencies Mandates and trust territories International administrative bodies Belligerent communities Individuals

Object of International Law -is the person or thing in respect of which rights are held and obligations assumed by the subject. -not directly governed by the rules of international law. -its rights are received and its responsibilities imposed indirectly, through the instrumentality of an intermediate agency. Development of the International Community >Peace of Westphalia (1648)- signaled the beginning of the modern international community as we understand it today. States -defined as a group of people living together in a definite territory under an independent government organized for political ends and capable of entering into international relations. State vs. Nation State- is a legal concept Nation- is only a racial or ethnic concept -indicates a relation of birth or origin and implies a common race, usually characterized by community of language and customs. ++Hackworth Elements of State: *permanent population/people- refers to human beings living within its territory. -should be of both sexes and sufficient in number to maintain and perpetuate themselves.

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CHAPTER THREE *defined territory- is the fixed portion of the surface of the earth in which the people of the state reside. -necessary for jurisdictional reasons and in order to provide for the needs of the inhabitants. *government-defined as the agency through which the will of the state is formulated, expressed and realized. -entity that represents the state in its relations with other states. *sovereignty or independence- the external aspect or manifestation of sovereignty, that is, the power of the state to direct its own external affairs without interference or dictation from other states. **recognition by other states **possession of a sufficient degree of civilization Classification of States: *Independent-simple or composite, either of which may be neutralized. >Simple-is one which is placed under a single and centralized government exercising power over both its internal and external affairs. >Composite-consist of two or more states, each with its own separate government but bound under a central authority exercising, to a greater or less degree, control over their external relations. Ex. +Real Union- created when two or more states are merged under a unified authority so that they form a single international person through which they act as one entity. + Federal Union- is a combination of two or more sovereign states which upon merger cease to be states, resulting in the creation of a new state with full international personality to represent them in their external relations as well as a certain degree of power over their domestic affairs and their inhabitants. +Confederation- is an organization of states which retain their internal sovereignty and, to some degree, their external sovereignty, while delegating to the collective body power to represent them as a whole for certain limited and specified purposes. + Personal Union- comes into being when two or more independent states are brought together under the rule of the same monarch, who nevertheless does not becaome one international person for the purpose of representing any or all of them. -is not a composite state because no new international person is created to represent it in international relations. + Incorporate Union- is a union of two or more states under a central authority empowered to direct both their external and internal affairs and possessed of a separate international personality. Neutralized States Dimaks 2

CHAPTER THREE -may be done through an agreement with other states by virtue of which the latter will guarantee its integrity and independence provided it refrains from taking any act that will involve it in war or other hostile activity except for defensive purposes Dependent States -is a legal paradox because the status of statehood implies the idea of independence. **categories: + protectorate-always retains a greater measure of control over its external affairs than the suzerainty. +suzeraintyUNITED NATIONS -not a state or a superstate but mere organization of states -regarded as an international person for certain purposes. -privileges and immunities: *non-suability *inviolability of its premises and archives *exemption from taxation -rights: *right of legation *can send and receive diplomatic agents, who possess the same rights accorded regular envoys. -can assert diplomatic claim on behalf of its officials. -trust territories are supposed to be under its residual sovereignty. -can even wage war, through the exercise of its power to undertake enforcement action in case of threat to or breach of international peace. VATICAN CITY -exercises certain prerogatives of states, such as the treaty-making power and the right of diplomatic intercourse. Colonies and Dependencies -is part and parcel of the parent state, through which all its external relations are transacted with other states. -it has no legal standing in the family of nations. -allowed on occasion to participate in their own right in international undertakings and granted practically the status of a sovereign state. Mandates and Trust territories -was established after the first world war in order to avoid outright annexation of the undeveloped territories taken from the defeated powers and to place their administration under some form of international supervision. Kinds of trust territories: *those held under mandate under the League of Nations; *those territories detached from the defeated states after world war 2 *those voluntarily placed under the system by the states responsible for their administration. Belligerent Communities Dimaks 3

CHAPTER THREE >>The state is held internationally responsible for all injuries caused upon third states by reason of the disorder, and the members of the uprising are in turn held accountable for their acts under the laws of the legitimate government.

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