IL2: Subjects of International Law

What is the definition of a 'subject' of international law according to the Reparations Case (1949)?

An entity capable of possessing international rights and duties and enforcing them by bringing international claims.

Which 1949 ICJ advisory opinion established that international organizations can possess legal personality?

Reparations for Injuries Suffered in the Service of the United Nations.

In classical 19th-century doctrine, individuals were viewed as _____ of international law rather than subjects.

objects

What distinguishes 'full subjects' from other entities in international law?

They are states that possess the full range of legal capacities, such as treaty-making and diplomatic relations.

According to the 'Realist' or 'State-Only' theory, who are the exclusive subjects of international law?

States.

What is the central argument of the 'Individualist' or 'Fictional' theory of subjecthood?

States are legal fictions and only individual human beings are the real subjects of law.

Which theory of subjecthood argues that legal personality is a spectrum based on the needs of the international community?

The Functional or Modern Theory.

What are the four criteria for statehood listed in Article 1 of the Montevideo Convention 1933?

Permanent population, defined territory, government, and capacity to enter into relations with other states.

True or False: There is a specific minimum population threshold required to be considered a state.

False.

In the North Sea Continental Shelf Cases (1969), what did the ICJ observe regarding state boundaries and statehood?

Precise determination of boundaries is not required as long as there is an identifiable territorial core.

What is the 'effectiveness' requirement for a government under the Montevideo criteria?

The political authority must exercise actual control over the territory and population.

Why was Manchukuo (1932-1945) rejected as a state by the international community?

It was a puppet state that lacked genuine independence and the capacity to enter relations freely.

Which theory holds that recognition is merely an acknowledgment of an existing fact of statehood?

Declaratory Theory.

The 'Constitutive Theory' suggests that an entity only becomes a state through _____.

recognition by other states

How did Max Huber define sovereignty in the Island of Palmas Case (1928)?

Independence in regard to a portion of the globe, signifying the right to exercise the functions of a state therein.

Define 'External Sovereignty'.

A state's independence from other states and its equal standing in the international legal order.

How did the PCIJ case of the Wimbledon (1923) interpret the relationship between treaties and sovereignty?

Entering into international engagements is an attribute of state sovereignty, not a derogation from it.

What does the principle of 'Sovereign Equality' mean under Article 2(1) of the UN Charter?

Every state is juridically equal regardless of size, wealth, or power.

What is the legal maxim 'par in parem non habet imperium' used to justify?

Jurisdictional immunity of states in the courts of other states.

State territory consists of four zones: Land Territory, Internal Waters, Territorial Sea, and _____.

Airspace

Where is the conventional boundary between airspace and outer space located?

The Kármán line, at approximately 100 km altitude.

Define the territorial acquisition mode of 'Occupation'.

The acquisition of sovereignty over terra nullius through effective and continuous exercise of state authority.

In the Western Sahara Advisory Opinion (1975), why was the territory NOT considered terra nullius?

It was inhabited by peoples with political and social organization.

What is 'Inchoate Title' in the context of territorial discovery?

An incomplete title that must be perfected by effective occupation within a reasonable time.

How does 'Prescription' differ from 'Occupation' as a mode of acquisition?

Prescription applies to territory that already had a sovereign and requires their acquiescence.

What action by an original sovereign will defeat a claim of title by prescription?

Consistent and formal diplomatic protest.

Define 'Cession'.

The transfer of sovereignty over territory from one state to another by treaty.

According to the Vienna Convention on the Law of Treaties, what happens to a cession treaty procured by force?

The treaty is void.

Define 'Accretion'.

The acquisition of territory through gradual natural processes, such as soil deposits by a river.

What is 'Avulsion' and how does it affect state boundaries?

A sudden natural change in a river's course that leaves the boundary at its original location.

Why is 'Conquest' no longer a valid mode of territorial acquisition in modern international law?

It is prohibited by the UN Charter Article 2(4) and the principle of non-recognition of gains from force.

What was the purpose of the 'Stimson Doctrine' (1931)?

To announce that the US would not recognize any territorial changes brought about by the use of force.

Define 'Uti possidetis juris'.

The principle that newly independent states inherit the administrative boundaries of their former colonial predecessors.

What is the 'Principle of Specialty' regarding international organizations?

IOs only possess the powers and capacities necessary for the fulfillment of their specific functions.

How did the Nuremberg Tribunal (1946) transform the status of individuals in international law?

It established that individuals could be held criminally responsible for international crimes.

What are the three categories of crimes defined by the Nuremberg International Military Tribunal?

Crimes against peace, war crimes, and crimes against humanity.

Define 'Diplomatic Protection' as established in the Mavrommatis case.

The right of a state to take up the claim of its national who has been injured by another state.

Under the 'Barcelona Traction' rule, which state has the right to exercise diplomatic protection for a corporation?

The state of the corporation's nationality, not the shareholders' nationality.

What status was given to National Liberation Movements (NLMs) like the PLO by the UN?

Permanent Observer status, allowing them to participate in deliberations and conclude treaties.

Why is the Holy See considered a unique subject of international law?

Its personality is grounded in historical practice rather than territorial statehood.

What specific international status does the International Committee of the Red Cross (ICRC) hold?

Sui generis personality derived from its functions under the Geneva Conventions.

According to Article 4 of the Constitution of Nepal, how is the state defined?

An independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented, federal democratic republican state.

What is the primary legal basis for Nepal's claim in the Kalapani territorial dispute?

The 1816 Treaty of Sugauli.

Which river was fixed as the western boundary of Nepal by the Treaty of Sugauli?

The Kali River (Mahakali).

In the Clipperton Island Arbitration, what was the ruling regarding effective occupation of uninhabited land?

Requirements are relaxed; formal taking of possession and notice to other states may suffice.

What are 'erga omnes' obligations?

Obligations owed by a state to the international community as a whole.

What is the 'Clean Slate' rule in the context of state succession to treaties?

The principle that a newly independent state is not bound by the treaties of its predecessor.

Under the Outer Space Treaty 1967, outer space is considered _____ and cannot be appropriated.

res communis

Which case provides the criteria for identifying the 'main channel' of a boundary river?

Kasikili/Sedudu Island (Botswana/Namibia, 1999).

What is the distinction between 'internal' and 'external' self-determination?

Internal is the right to participate in government; external is the right to independence/secession.

Why was the 'Turkish Republic of Northern Cyprus' denied statehood by the international community?

It lacked an effective independent government and was sustained by illegal military occupation.

True or False: According to the ICJ in the Kosovo Advisory Opinion, unilateral declarations of independence are prohibited by general international law.

False.

What does Article 104 of the UN Charter provide for?

The legal capacity of the UN within the territory of its Member states.

What does the 'Functional Protection' of UN agents entail?

The capacity of the UN to bring an international claim for injuries suffered by its agents on duty.

Which 1970 UN General Assembly resolution elaborated on the principle of sovereign equality?

Resolution 2625 (The Declaration on Friendly Relations).

In the context of the Kalapani dispute, what does India rely on for its counter-claim?

Long-standing administrative control (prescription).

What are the five conditions for admission to the UN according to Article 4(1) of the Charter?

Being a state, peace-loving, accepting Charter obligations, able to carry them out, and willing to do so.

What is the legal effect of the 'Karman Line'?

It marks the end of sovereign airspace and the beginning of the international regime of outer space.

How did the ICJ interpret the legality of WHO requesting an opinion on nuclear weapons?

It held that the WHO could not seek opinions on matters outside its specific health-related competence.

What is the 'Stimson Doctrine' regarding the recognition of states created through aggression?

States should not recognize any legal or territorial changes brought about by the threat or use of force.