1. States and other actors
Under International Law
States and other actors

2. 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

3. 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.

4. 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)

5. 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

6. 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.

7. 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.

8. 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

9. 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.

10. 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 (XV)
Countries have 3 options
Full independence
Free association with an independent state
Integration with an independent state

11. 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.

12. 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

13. 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.

14. 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

15. 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)

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

17. 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.

18. 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.