States and other actors Under International Law States and other actors

Primary Actor Under International Law Possesses rights and obligations Legal personality or capacity to conduct international relations Recognition by other states State responsibility Sovereign immunity from suits by foreign leaders

Specific Rights To defend its territory Respect for its fundamental sovereignty and territorial integrity To provide for preservation and prosperity Law making power i.e. To legislate according to its interests To administer its services To determine the jurisdiction and competence of its courts. Rights limited only by the exercise of the same rights by other states.

Terminology State-- legal person of international law possessing: a people--permanent population, a country--defined territory (see exceptions), effective government (two Chinas) , capacity to enter into relations with other states. Nation-organic community of individuals sharing religion, history, language, and other cultural phenomenon. Nation-State combination of the above Source: Montevideo Inter-American Convention on the Rights and Duties of States (1933)

Recognition States willingness to establish and maintain official relations with another state, its government or a belligerent element in a states; Three scenarios: Recognition of state versus of government (only when a new state)= gaining equality with other states. Recognition of governments—Estrada doctrine, rights of states to non-intervention in their internal affairs De jure versus De facto: Constitutive theory (requires recognition by community of nations for de jure international personality) versus the Declaratory theory (recognition not required for a new state to be legitimate—this theory recognizes the essentially political nature of recognition) Recognition of Belligerency Article 12 of the Charter of the Organization of American States

Recognition of a Belligerency Group has to be representative of the a recognizable group Exhibit some form of effective government Field a military arm Control specific territory Achieve external recognition Non parties to the dispute have duties to remain neutral, even if recognizing a belligerency .. Page 83 for duties.

Recognition by International organizations States must meet criteria for membership League of Nations (if its admission is agreed by 2/3rds of the members, and provided that it shall give effective guarantees of its intention to observe international obligations and accept regulations of its military and air forces and armaments. Members could not recognize new states illegally established by force or invasion United Nations—No collective recognition EU five criteria for recognizing states p 85.

Changes in State Status raises a host of new issues Occupation raises questions of independence of sovereignty Succession-One state takes over another states territory and the replacement of the former states responsibility for the international relations of the territory. Or Secession - the breakup of a state, for purpose of independent statehood. Implosion of a state and formation of new states—USSR, Yugoslavia Joining of 2 states—East and West Germany State ceases to exist Secession of pieces of a state to create new state Peaceful separation Freeing of a former colony

Problems and questions of succession Does the successor state take over treaty obligations of succeeded state? Clean slate? Bilateral obligations? Clean slate? Multilateral treaties? Clean slate? Norms of customary law? Property and Debts of succeeded state? Property of succeeding state unless repugnant to national interest of new state. In case of government succession no clean slate.

Problems of Secession Examples—India into Pakistan and the spawning of Bangladesh. Right of Self Determination. All peoples have the right to self-determination; by virtue of this right they freely determine their political status and freely pursue their economic, social and cultural development. United Nations GA Resolution 1514 (XV) Countries have 3 options Full independence Free association with an independent state Integration with an independent state

State Responsibility Obligations associated with International status Three elements triggering state responsibility Existence of a legal obligations Act or omission that violates that obligations Some loss or articulable damage cause by the breach of the obligations.

Sovereign Immunity One’s state’s judges cannot assert jurisdiction over another State in its Courts (heads of state, governmental agencies, diplomats, military forces. Principle based on principle of sovereign equality: Par in parem imperium non habet-An equal has no authority over an equal. Options for reparations through international forums or via negotiations. Absolute and restricted immunity

Extraterritoriality Exercise of a states legal exercise of its authority beyond its borders Sovereignty: the right of a state to exclusively govern the affairs of its inhabitants and to be free from external control. Ability to act free from the control of another state. Jurisdiction: capacity to make, enforce, and adjudicate breaches of its laws. Melting of absolute sovereignty to relative and restricted sovereignty.

Jurisdictional Principles Territorial-locus delicti, subjective and objective. Nationality—State can regulate the behavior of its own citizens abroad Passive Personality—Nationality of victim when crime occurs outside the prosecuting state’s territory. Protective—Crime threatens security of state Universality—Heinous crimes against community of nations See guide 237 Lotus case and territorial principle. Extradition: No duty to surrender an individual to another state. Therefore extradition treaties. Rendition

Other Actors IGO’s …Legal personality highest after states Based on treaties; principles and rights and duties IGO’s and NGO’s combined organization IFRC NGO’s Multinational Corporations Individuals Terrorists, Mercenaries, Insurgents, ethnic groups, Domestic actors (WCC)

To find out: Degree of legal personality Examples Given contexts Growing area

Range of Sovereignty Categories of territory Trust territories Terra Nullius Res Communis Sovereign territory Dominion over land: Discovery and Occupation over long period of time versus belligerent occupation. Law of the Sea Airspace zones. Navigable airspace above a countries territory plus 12 miles territorial sea.

Law of Sea Internal waters Territorial Waters—12 miles Contiguous zone—24 miles Exclusive Economic Zone—200 miles High Seas—International waters 71 percent of the earth’s surface, 80% of planet’s life forms, absorbs more CO2 than the world’s forests.