Subjects of international law
7 important questions on Subjects of international law
Describe the evolution of IGO's in a world with a rise of nationalism?
Relatively new inventions. Evolved first in Europe as a reaction to unfettered expansion of the New World.
IGO's were meant for two things:
- Coordinate its functions (example of rivers)
- Standardise (example of the US power in the market)
What are the three attributes (criteria) for an IGO as subjects of international law? Give a critical note to these attributes.
- Membership (established by States)
- Mandate (Given specific task; functional personality)
- Legal status (Based on a treaty)
IGO's are established by States which means they are serving the States. This means that the IGO's have functional personality: they have rights and obligations to the extent that they can carry out their function.
Name three rights and privileges of IGO's as subjects of international law?
- Ability to bring claims
- Ability to conclude treaties
- Immunities and privileges (art. 105 UN Charter)
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Describe the place of Multi-National Corporations in international law and their relation with the State.
What is the role of MNC's in the decolonization process?
A wave of nationalization transpired during the decolonization process, which said that Newly Independent States assert permanent sovereignty over natural resources. It was recognized that nationalization was legal with two conditions:
- Public purpose
- Fair compensation
After 1945 States extended the subjects of international law to individuals in regard to what?
- International Human Rights
- International Crimes
Explain the difference between diplomatic protection and diplomatic immunity.
Diplomatic protection has nothing to do with diplomatic immunity!
Diplomatic protection: a State takes a claim of one of its nationals and makes it his own to ensure a fair hearing of the claim.
Diplomatic immunity is about the fact that diplomats are governed by international law which makes them immune for the domestic law of the State they reside in.
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