Inleiding Internationaal/EU Recht
Alle aantekeningen – werkcolleges [Engels]
,Introduction to International and European Law – WC 1
Part I: International Law in the News
- Palestina is recognized as a state
- Kurds voted for their own independence in a referendum
- But it brings also problems
Part II: Recap of the Lecture
Why is it important to have international legal personality?
- Subjects of international law possess international rights and duties
- Subjects of international law have the capacity to engage in various types of action,
e.g. conclude treaties, enter an international organization
States as the primary subjects of international law
- Examples: the UN, the EU
In the past: not a “state” you do not matter
Who can be a member of an organization? The state and a non-member state
Rights that we have:
- The right to travel, freedom of speech, the right not to be tortured, right to education,
right to work
Collective rights: the rights of a group for example right to self-determination
Obligations that we have:
- We have the duty not to commit crime.
- Companies can have rights as well, the right of freedom of speech and more
Non-governmental organizations:
- Are not created by states, and not by treaty
- Example: Greenpeace
State recognition
- Declarative theory: the existence of a state depends on the facts and whether the
criteria of statehood are satisfied (1933 Montevideo Convention, Article 1):
A permanent population
A defined territory
A government
The capacity to enter into relations with other states
Autonomously decide (no interference)
If a state loses one of these criteria, it’s still recognized as a state (Syria,
Somalia)
- Constitutive theory: the act of recognition by other states confers international legal
personality
Not very clear, how many states for instance? (other)
- International law does not have a central authority that determines statehood!
The right to self-determination of peoples
, - Def.: freely determine political status and freely pursue economic, social and cultural
development
- Internal self-determination: autonomy (own regional government, language)
- External self-determination: right to statehood (break away from existing state to form
own state)
Can only happen in very severe circumstances
Part III: The Relevance of Statehood
States have (the most extensive) set of rights and obligations under international law, e.g.:
- The right to sovereign equality (on paper all states are equal)
In practice many differences
- The right to exercise exclusive jurisdiction over territory (week 4)
Make out rules on own territory
- The obligation not to intervene in the affairs of any other state (week 2)
- The obligation to refrain from the threat or use of force (week 2)
- The right to self-defense against an armed attack (week 2)
All are written down in Charter of the UN
International treaties can be concluded only between actors with international legal
personality (i.e. states and international organizations)
Statehood is usually required to become a member if an international organization
If you’re not a person under international law, you can’t bring a claim before an international
court!
- Only states may be parties to cases before the International Court of Justice
- Only states may be parties to the Rome Statute of the International Criminal Court
Alle aantekeningen – werkcolleges [Engels]
,Introduction to International and European Law – WC 1
Part I: International Law in the News
- Palestina is recognized as a state
- Kurds voted for their own independence in a referendum
- But it brings also problems
Part II: Recap of the Lecture
Why is it important to have international legal personality?
- Subjects of international law possess international rights and duties
- Subjects of international law have the capacity to engage in various types of action,
e.g. conclude treaties, enter an international organization
States as the primary subjects of international law
- Examples: the UN, the EU
In the past: not a “state” you do not matter
Who can be a member of an organization? The state and a non-member state
Rights that we have:
- The right to travel, freedom of speech, the right not to be tortured, right to education,
right to work
Collective rights: the rights of a group for example right to self-determination
Obligations that we have:
- We have the duty not to commit crime.
- Companies can have rights as well, the right of freedom of speech and more
Non-governmental organizations:
- Are not created by states, and not by treaty
- Example: Greenpeace
State recognition
- Declarative theory: the existence of a state depends on the facts and whether the
criteria of statehood are satisfied (1933 Montevideo Convention, Article 1):
A permanent population
A defined territory
A government
The capacity to enter into relations with other states
Autonomously decide (no interference)
If a state loses one of these criteria, it’s still recognized as a state (Syria,
Somalia)
- Constitutive theory: the act of recognition by other states confers international legal
personality
Not very clear, how many states for instance? (other)
- International law does not have a central authority that determines statehood!
The right to self-determination of peoples
, - Def.: freely determine political status and freely pursue economic, social and cultural
development
- Internal self-determination: autonomy (own regional government, language)
- External self-determination: right to statehood (break away from existing state to form
own state)
Can only happen in very severe circumstances
Part III: The Relevance of Statehood
States have (the most extensive) set of rights and obligations under international law, e.g.:
- The right to sovereign equality (on paper all states are equal)
In practice many differences
- The right to exercise exclusive jurisdiction over territory (week 4)
Make out rules on own territory
- The obligation not to intervene in the affairs of any other state (week 2)
- The obligation to refrain from the threat or use of force (week 2)
- The right to self-defense against an armed attack (week 2)
All are written down in Charter of the UN
International treaties can be concluded only between actors with international legal
personality (i.e. states and international organizations)
Statehood is usually required to become a member if an international organization
If you’re not a person under international law, you can’t bring a claim before an international
court!
- Only states may be parties to cases before the International Court of Justice
- Only states may be parties to the Rome Statute of the International Criminal Court
