INTERNATIONAL LAW DISCUSSIONS - Recognition of states and national liberation movements , sequence of states

  1. Kranos
    Kranos
    According to Intenational Court of Justice, can be international law subjects only those entities that have international legal personality, ie they are capable to have rights and obligations into intenational affairs as well to mantain these rights through legal actions.After consulting some definitions of what international legal personality would be, we can identify the following categories of public international law subjects in actuality: the states and the international organizations. Other entities, such as nations and national liberation movements, non-governmental international organizations, transnational associations, are also included by some authors in this category.These have a special statute , ahving the possibility to acquire certain rights and to be liable for certain international obligations,but without fully dispose of a legal capacity within international affairs.Also a particular situation in what concerns his international legal capacity is given to the private individual.
    The Montevideo Convention regarding the rights and duties of the states in 1933 ( adopted only between American States but the state definition comprised in it has entered the international practice and its now considered as being part of international customary law) contains a complet set of criteria to identify the states.Acordingly , for the state to be regarded as subject of international needs to have :a resident stable population, a given clearly established teritory , a governmental sovereign authority, the capacity to engage in international public relations with other states.

    Here you can post any controversy or particular situation regarding the matter such as :
    1) some special types of states or state configurations ( federations, the association between states like British Commonwealth, The Holy See of Vatican, "de facto" states,the mini-states and if they deserve the same legal position on international scene,state custody , no-man's -land etc
    2) recognition of new states, governments and national liberation movements
    3) the sequence of states in the context of different events and changes affecting the configuration of international comunity such as the disappearance of certain states,through secession or dismemberment, followed by regrouping (through fusion or absorption) or in the most cases formation of new states;in what measure they succeed to the rights of the ex-states or in what measure is this liable for the obligations assumed by the last one.

    Cheers !!!!
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