Week 1
It is the year 2040. An entity called ‘Cyberland’ claims to be a State and a member of the
international community. Cyberland circulated its declaration of independence widely via the
Internet. It proclaims that the new State of Cyberland currently has a population of 8,000 1
citizens, who are named ‘Digital Natives’. Citizenship of Cyberland can be attained by other
individuals who pledge allegiance to Cyberland’s Constitution and participate in all formal
political and institutional arrangements. Cyberland has a strong Constitution that broadly
protects human rights, including the rights to freedom of expression and the right to privacy. The
Declaration of Independence was published by Cyberland’s Board of Governors, which deals
with practical everyday issues and problems that acquire attention. In every other respect
Cyberland is governed by a direct democracy in which all digital natives participate. Major
services are provided to the citizens via the Internet and, when necessary, by physical
presence. Cyberland’s territory is only in the online environment and its citizens are very proud
of their community: they share beliefs, visions and social and cultural characteristics as
individuals who grew up and were raised in a society driven by new technologies. They feel
closely connected and interact daily through Cyberland’s exclusive virtual political, social and
economic fora. Finally, Cyberland declares that it has the capacity and the willingness to
establish diplomatic relations with other States either in the real or in the virtual world.
a) Is Cyberland a State according to international law? Address and discuss all the legal criteria
for Statehood in International Law
Assuming the Montevideo convention still applies in XXXX
Montevideo is a constitutive norm
- Permanent population (yes
- Defined territory (no
- Recognized and Effective government (yes
- Capacity to enter into international relations (no because this so called is still under legal
authority of the state its members are a part of
b) If Cyberland applied for membership to the United Nations and the majority of States in the
General Assembly accepted Cyberland as a State, can Cyberland be considered a State?
Art. 3 UNC
This is not possible as the UN utilises a more declaratory view that holds that the creation of
states is primarily a matter of law and the fulfillment of legal criteria, which cyberland does not
,meet, as opposed to the constitutive view that recognition is a precondition for statehood.
According to article 4 (constitutive norm) that states that only states can be part of the UNGA,
with the states recognising cyberland as a state it could realise the status of statehood. So
unless an entity that appears to bear the hallmarks of a state is recognized as such by other
states, it is not a state in international law. Contemporary international law is generally based on
the declaratory approach.
Assignment 2: International Organizations
(a) Is the FAO a subject of international law?
As a branch of the intergovernmental organisation of the UN, as the UNFAO, it deals with the
area of international interest which makes it subject to international law through its content.
Furthermore, intergovernmental organisations are established by a treaty which the FAO signed
in 1945.
Subjects of international law determined by legal personality
-those to whom the international legal system gives the capacity to hold rights, powers
and/or obligations
International Legal Personality (constitutive norm)
- The capacity to bring claims in respect of branches of international law, the
capacity to conclude treaties and the enjoyment of privileges and immunities from
the exercise of national jurisdiction. While states have all the capacities, other
actors only possess the rights and obligations given to them
→ non state actors thus derive their legal personality from states
Since the UN meets these criteria, the branch of the FAO inherently qualifies. Mention the
Reparations for Injury case from the ICJ as to what functional, relevant international legal
personality International organisations have. Constituent treaty sets out mandates and
constitutive norms defining the scope of the rights and duties. INTERNATIONAL
ORGANISATION ALWAYS HAS CONSTITUENT TREATY
The book for EIL has relevant ICJ judgements, look up footnotes in International law book
, (b) Can FAO negotiate and conclude treaties? If yes, is there any limit to its treaty-making
capacity?
Article 12 of the constituent treaty of the FAO
1. Authority to Conclude Agreements
○ FAO can negotiate and adopt conventions, agreements, and treaties related to its
objectives, particularly in the fields of food security, agriculture, fisheries, forestry,
and rural development.
○ The FAO Constitution (Article XIV) allows it to draft international agreements and
conventions, which can be adopted by FAO member states.
Limitations on FAO’s Treaty-Making Capacity
1. Subject Matter Restriction
○ FAO can only negotiate treaties within its functional mandate, meaning
agreements must relate to agriculture, fisheries, food security, forestry, and rural
development.
2. Approval by FAO Governing Bodies
○ The FAO Conference (plenary body of member states) or the Council must
approve any treaty-making initiative.
(c) What are the organs of FAO? Do these organs possess a separate legal personality?
Found in Constituent treaty of FAO
Conference – The highest governing body of FAO, consisting of all member countries. It meets
every two years to set policies, approve the budget, and make major decisions.
Council – A smaller executive body that functions between sessions of the Conference. It
provides guidance on FAO’s work, supervises programs, and makes recommendations.
Director-General – The head of FAO, responsible for overall leadership, administration, and
implementation of policies.
Programme and Finance Committees – These committees assist the Council in planning FAO’s
work and managing financial matters.
Regional Conferences – FAO has regional conferences for Africa, Asia and the Pacific, Europe,
Latin America and the Caribbean, and the Near East, where member countries discuss specific
issues related to food and agriculture in their regions.
It is the year 2040. An entity called ‘Cyberland’ claims to be a State and a member of the
international community. Cyberland circulated its declaration of independence widely via the
Internet. It proclaims that the new State of Cyberland currently has a population of 8,000 1
citizens, who are named ‘Digital Natives’. Citizenship of Cyberland can be attained by other
individuals who pledge allegiance to Cyberland’s Constitution and participate in all formal
political and institutional arrangements. Cyberland has a strong Constitution that broadly
protects human rights, including the rights to freedom of expression and the right to privacy. The
Declaration of Independence was published by Cyberland’s Board of Governors, which deals
with practical everyday issues and problems that acquire attention. In every other respect
Cyberland is governed by a direct democracy in which all digital natives participate. Major
services are provided to the citizens via the Internet and, when necessary, by physical
presence. Cyberland’s territory is only in the online environment and its citizens are very proud
of their community: they share beliefs, visions and social and cultural characteristics as
individuals who grew up and were raised in a society driven by new technologies. They feel
closely connected and interact daily through Cyberland’s exclusive virtual political, social and
economic fora. Finally, Cyberland declares that it has the capacity and the willingness to
establish diplomatic relations with other States either in the real or in the virtual world.
a) Is Cyberland a State according to international law? Address and discuss all the legal criteria
for Statehood in International Law
Assuming the Montevideo convention still applies in XXXX
Montevideo is a constitutive norm
- Permanent population (yes
- Defined territory (no
- Recognized and Effective government (yes
- Capacity to enter into international relations (no because this so called is still under legal
authority of the state its members are a part of
b) If Cyberland applied for membership to the United Nations and the majority of States in the
General Assembly accepted Cyberland as a State, can Cyberland be considered a State?
Art. 3 UNC
This is not possible as the UN utilises a more declaratory view that holds that the creation of
states is primarily a matter of law and the fulfillment of legal criteria, which cyberland does not
,meet, as opposed to the constitutive view that recognition is a precondition for statehood.
According to article 4 (constitutive norm) that states that only states can be part of the UNGA,
with the states recognising cyberland as a state it could realise the status of statehood. So
unless an entity that appears to bear the hallmarks of a state is recognized as such by other
states, it is not a state in international law. Contemporary international law is generally based on
the declaratory approach.
Assignment 2: International Organizations
(a) Is the FAO a subject of international law?
As a branch of the intergovernmental organisation of the UN, as the UNFAO, it deals with the
area of international interest which makes it subject to international law through its content.
Furthermore, intergovernmental organisations are established by a treaty which the FAO signed
in 1945.
Subjects of international law determined by legal personality
-those to whom the international legal system gives the capacity to hold rights, powers
and/or obligations
International Legal Personality (constitutive norm)
- The capacity to bring claims in respect of branches of international law, the
capacity to conclude treaties and the enjoyment of privileges and immunities from
the exercise of national jurisdiction. While states have all the capacities, other
actors only possess the rights and obligations given to them
→ non state actors thus derive their legal personality from states
Since the UN meets these criteria, the branch of the FAO inherently qualifies. Mention the
Reparations for Injury case from the ICJ as to what functional, relevant international legal
personality International organisations have. Constituent treaty sets out mandates and
constitutive norms defining the scope of the rights and duties. INTERNATIONAL
ORGANISATION ALWAYS HAS CONSTITUENT TREATY
The book for EIL has relevant ICJ judgements, look up footnotes in International law book
, (b) Can FAO negotiate and conclude treaties? If yes, is there any limit to its treaty-making
capacity?
Article 12 of the constituent treaty of the FAO
1. Authority to Conclude Agreements
○ FAO can negotiate and adopt conventions, agreements, and treaties related to its
objectives, particularly in the fields of food security, agriculture, fisheries, forestry,
and rural development.
○ The FAO Constitution (Article XIV) allows it to draft international agreements and
conventions, which can be adopted by FAO member states.
Limitations on FAO’s Treaty-Making Capacity
1. Subject Matter Restriction
○ FAO can only negotiate treaties within its functional mandate, meaning
agreements must relate to agriculture, fisheries, food security, forestry, and rural
development.
2. Approval by FAO Governing Bodies
○ The FAO Conference (plenary body of member states) or the Council must
approve any treaty-making initiative.
(c) What are the organs of FAO? Do these organs possess a separate legal personality?
Found in Constituent treaty of FAO
Conference – The highest governing body of FAO, consisting of all member countries. It meets
every two years to set policies, approve the budget, and make major decisions.
Council – A smaller executive body that functions between sessions of the Conference. It
provides guidance on FAO’s work, supervises programs, and makes recommendations.
Director-General – The head of FAO, responsible for overall leadership, administration, and
implementation of policies.
Programme and Finance Committees – These committees assist the Council in planning FAO’s
work and managing financial matters.
Regional Conferences – FAO has regional conferences for Africa, Asia and the Pacific, Europe,
Latin America and the Caribbean, and the Near East, where member countries discuss specific
issues related to food and agriculture in their regions.
