ORGANISATIONS QUESTIONS AND
THEIR CORRECT ANSWERS
who/what is an international legal personality ?
natural and artificial persons
what are the capacities of International legal
persons ?
• Bring legal claims to enforce international legal rights
• Have the power to make international
agreements/treaties
• Enjoy various immuties and privileges
• Be under certain international legal obligations
who are the subjects of international law ?
- States (original personality- double role: creators of IL +
addressees of IL)
- IGO's
- Individuals
what article defines the state as a person of
International Law ?
Article 1 of Montevideo Convention on the rights and
duties of States (1933)
what qualification the state as a person of
International law should possess ?
- permanent population
- defined territory
- government (and the capacity to enter into relations with
, other state)
- UN membership
what are the three recognition theories of states in
international law?
- declaratory theory
- constitutive theory
- current approach
what is the current approach?
- respect for the rule of law, democracy and human rights
- acceptance of disarmament/nuclear proliferation
commitments
- guarantees for ethnic minorities
- acceptance of the peaceful resolution of disputes
- commitment to renounce territorial claims against
neighbouring states
what can a United States IGO's do?
- capacity to make legal claims
- the authority to enter into international treaties and other
agreements
- law making powers within its sphere of competence
What can a European Union IGO's do? (as indicated in
the article 47 of the Treaty of the EU)
- conclude treaties/agreements with third states and other
IGO's
- bring international legal claims against third states and
against its own member states
- create law for its member states (and individuals within
those states) via regulations, treaty articles and directives
who have the individual criminal responsibilities?
- military tribunal at Nuremberg
- international criminal tribunal for Rwanda