Subjects of international law Lecturer: Jiang he.

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Presentation transcript:

Subjects of international law Lecturer: Jiang he

The concept of the subject Substantive implication Procedural capacity Development of the subject Main subjects and their distinction

states Significance of state as subject of international law(law-making and procedural capacity) Definition of state and its components (population, territory, government, capacity of international relations) Statehood and self-determination

Recognition of state and government Necessity of state and government Distinction between the two categories Theories in recognition(constitutive school, declaratory school ) De facto and de jure recognition

The Effect of Recognition Locus standi (raise an action) State immunity Effectiveness of legislative and administrative acts Retroactiveness of the recognition

International organization Development and significance of international organization Legal personality and its constituent document UN and articles concerned with the legal personality(Art. 104 and Art. 105 ) Case study:Advisory opinion of Reparation Case and Nuclear Weapons Case

Individuals Background and development of individual as subject of the law Problem of procedural capacity A. Central American Court of Justice B. E C H R and ECJ

Other Entities--- Selected Anomalies National Liberation Movement The Holy See (the Vatican City) Sovereign Order of Malta