Subjects of international law - I

States
International organizations
Peoples
Individuals and private investors

NGOs (?)

Subjects of international law - II

Traditional theory: States are the only
subjects of international law
Arangio-Ruiz theory of potentati:
international law subjects are all independent
and sovereign organizations
Contemporary theories: a) the modern
doctrine of international subjects; b) the theory
of international actors

The State in international law

Arangio-Ruiz doctrine of effectiveness: the State in
the sense of international law is any political
organization able to display effective control over a
given territory and a given population, independently
and at the exclusion of other political organizations
Crawfords theory: the phenomena of creation,
continuation and extinction of the international legal
personality of a State are regulated by international
norms
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The formation of States

International rules applicable in processes of
State formation:
- the principle of effectiveness (1933 Montevideo
Convention)
-the prohibition to use force (TRNC)
- the principle of self-determination of peoples
(Southern Rhodesia, bantustans)
-the principle of territorial integrity (Scotland?)

 Halls International Law (1880): the marks of an independent State

are that the community constituting it is permanently established for a
political end, that it possesses a defined territory and that it is
independet of external control

1933 Montevideo Convention:

a) a permanent population;
b) a defined territory;
c) an effective government;
d) a capacity to enter into relations with other States
(art. 1 of the Montevideo Convention on the Rights and Duties of States)

Territorial Sea: Sea

from the baseline to
the 12 mile limit
Contiguous Zone:
Another 12 miles out
(24 miles from
baseline)
EEZ: A total of 200
miles from the
baseline
Continental Shelf:
max. 350 miles or
100 miles from the
2,500 metre isobath

Internal Waters: State has

full sovereign authority
Territorial Sea: State has full
sovereign authority

Contiguous Zone: Certain

limited right to protect
territorial sea.
EEZ: Exclusive rights to
resources
Continental Shelf: Exclusive
rights to self resources

Platia
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Role of Recognition
EVANS = recognition is a unilateral act of a State by which it
acknowledges [] the facts which constitute an international person,
the State, or its government. Recognition serves two purposes: the
recognizing State accepts the status of the entity it recognizes, and the
recognizing State establishes relations with the other State

 Declaratory theory of recognition

Montevideo Convention, art 3
The political existence of the state is independent of recognition by the other
states. Even before recognition the state has the right to defend its integrity and
independence, to provide for its conservation and prosperity, and consequently
to organize itself as it sees fit, to legislate upon its interests, administer its
services, and to define the jurisdiction and competence of its courts. The
exercise of these rights has no other limitation than the exercise of the rights of
other states according to international law.

Constitutive theory of recognition

 Continuity and Termination of the Existence of a State

Changes in the territory
dissolution of a State (e.g. USSR, Czechoslovakia)
merger of one State with another one (e.g. in 1990 North and
South Yemen merged to form the Republic of Yemen)
Incorporation by one State of another one (e.g. the incorporation
of the Federal Republic of Germany of the German Democratic
Republic)

Rules regarding the succession to treaties

Membership to international organizations

International organizations - I
The role of IOs in promoting the development of
international law
International Law Commissions Draft Articles on the
Responsibility of International Organizations (2011)
Article 2(a): international organization means an
organization established by a treaty or other instrument
governed by international law and possessing its own
international legal personality. International organizations
may include as members, in addition to States, other
entities;
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International Organizations

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International organizations - II
The legal personality of IOs: Art. 104 UN Charter:

"The Organisation shall enjoy in the territory of each of its

Members such legal capacity as may be necessary for the
exercise of its functions and the fulfilment of its purposes

The 1949 ICJ advisory opinion in Reparation for Injuries

Suffered in the Service of the United Nations
The concept of functional personality

The 1986 Convention on the Law of the Treaties between

IOs and IOs and States
The current ILC codification on the responsibility of
international organizations (2011 Draft Articles)

Article 3: Every internationally wrongful act of an international organization entails the

international responsibility of that organization
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13

General Assembly
Membership: All members
of the UN (Art. 9); one
country one vote (Art. 18)
Powers:

Appointment Role:
e.g. non-permanent
members of the
Security Council,
members of the
Economic and Social
Council (Art. 18);
along with Security
Council, ICJ judges
(Art. 4 of ICJ Stat.)

Financial
Role:
Approve
overall
budget (Art.
17)

Discussion &
Recommendation:
may discuss any questions or
any matters within the scope of
the present Charter and make
recommendations on same (Art.
10)

It may discuss but

not recommend on
a situation being
considered by
Security Council
(Art. 12)

Recommendation
s are not binding
on member states
(Art. 10)

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The General Assembly

The GA has a general competence (art. 10 and art. 1)

All UN Member States can sit in the Assembly with a delegation of maximum five
representatives (art. 9, par. 2)

The works and activities of the Assembly are managed by six commissions which
formulate and propose draft resolutions to the plenary:

1st Commission (political and security affairs)

2nd Commission (economic and financial affairs)
3rd Commission (social, humanitarian and cultural affairs)
4th Commission (decolonisation)
5th Commission (administrative and budgetary affairs)
6th Commission (legal affairs)

Under art. 13(1)(a) the GA is also responsibile for the progressive development of
international law and its codification
International Law Commission (ILC)

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Security Council

Peace and Security Powers

Membership: 15
members, 5 of whom are
permanent (Art. 23)
Powers:
Council Resolutions
are binding under Art.
25

Chapter VII: Council

declares existence of
any threat to the
peace, breach of the
peace, or act of
aggression (Art. 39)

Appointment
Role: e.g.
along with
General
Assembly, ICJ
judges (Art. 4
of ICJ Stat.)

Use of Force
(Art. 42)

Chapter VI:
investigate
disputes and
make
recommendations
to resolve them

Economic
Sanctions
(Art. 41)

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The Security Council

Art. 24(1) UN Charter: In order to ensure prompt and effective action

by the United Nations, its Members confer on the Security Council
primary responsibility for the maintenance of international peace and
security, and agree that in carrying out its duties under this
responsibility the Security Council acts on their behalf

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ECOSOC (Economic and Social Council)

It is composed of 54 members elected for a three-year term
Article 61 UN Charter: "1. The Economic and Social Council shall
consist of fifty-four Members of the United Nations elected by
the General Assembly. []

It is responsible for international cooperation in the

economic and social fields
It has instituted important subsidiary organs, mainly in the field
of human rights protection, such as the Commission of Human
Rights
It has also instituted regional economic commissions, including
the UNECE, which has taken up an important role in the
promotion of international environmental law

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International Court of Justice

(15 judges)

Advisory Opinions
(requested by UN organs)

Effect of Decision: have no

binding effect, though have moral
force

Contested Case (between

states only)

Effect of Decision: binding, final

and without appeal (on the state
parties)

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Individuals, private investors, peoples

Opposing doctrines: the individual and peoples as mere
beneficiaries of international rules imposing obligations upon
States; the individual and peoples as addressees of actionable
rights
The principle of self-determination of peoples
The right of action of individuals before international human
rights tribunals (European court of human rights, Interamerican court of human rights)

The right of action of private investors before ICSID arbitral

tribunals
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NGOs - I
Globalization has seen the emergence of an
international public opinion, whose representation is
mainly conducted by NGOs
Role in the elaboration of multilateral conventions
The importance of NGOs lobbying activities: the s.c.
corridors diplomacy

The negotiation of the Rome Statute

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NGOs - II
Art. 71 UN Charter provides for the participation of
NGOs in the meetings of ECOSOC (Economic and
Social Council):
The Economic and Social Council may make suitable
arrangements for consultation with non- governmental
organisations which are concerned with matters within its
competence. []
Consultive status of NGOs (ECOSOC resolution 1996/31):
General
Special
Roster
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NGOs - III
The participation of NGOs in judicial proceedings
NGOs role as applicants in proceedings before the
European Court of Human Rights (members rights
and legal interests must be affected)

NGOs role as amici curiae in WTO dispute

settlement

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