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Summary samenvatting

Course
- international law
- Dominiq Steiger
- 2017 - 2018
- Open Universiteit
- Rechtsgeleerdheid
62 Flashcards & Notes
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A snapshot of the summary - samenvatting

  • 1 Subjects, sources and sovereignty

  • 1.1 Subject of international law

  • Which 2 qualities do subjects of international law have?
    ··Legal person
    ·Entity capable of possessing and exercising rights and duties
  • Name 5 subjects of international law.
    oStates à major subjects
    oInternational organisations
    oIndividuals
    oCompanies
    o(special types)
  • NAme 5 legal criteria for a state
    ·Possess permanent population
    ·Defined territory
    ·Government à power over the state
    ·Capacity to enter in relation with other states
    ·Sovereignty à no need to accept any authority from above or from anybody else unless they choose to do so.
  • In which 3 situations do new states originate?
    oFormer colonial territory
    oFormerly disputed territory independence through self determination
    oNew administration (e.g. civil war)
  • What is the declartoy theory about? (4)
    oStatehood is a fact
    oRecognition only recognizes that fact
    oRecognition is not needed to become a state
    oStates have no obligation to recognize each other
  • What is the consitutive theory about?
    oAct of recognition is a necessary precondition of statehood
  • Name 4 types of changes in statehood.
    ·Secession
    oReduced territory peacefully or war
    ·Decolonization
    oDistinction with secession: colonies based elsewhere in the world
    ·Merge or unite (e.g. Germany)
    ·Dissolve
    oTotal break-up (e.g. Yugoslavia)
  • What is an international organisation?
    Entity established and governed by an international agreement among subjects of international law to fulfil tasks in the common interest with its own organs.
  • Why are international organisations established?
    ·Founded because of international cooperation to resolve pressing political, economic and social problems.
  • What did the ICJ ruled in the reparations case about attribution?
    ·ICJ ruled that attributes of international legal personality are implied by thee provisions in the constitutive treaty (reparations case).
    ·International organisations are considered to have such rights, powers and privileges as are necessary to enable them to exercise those functions and nothing more. 
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