Exam 2: Non-state Entities and Self Determination

U.N. Reparations

Established that organizations are legal personalities and have right to bring claims. They have rights within the international system and should be able to bring claim because of that

Rights of International Orgs

1. Make claims through states that have locus statii (legal standing) before the ICJ in contentious cases

2. Can enter into international agreements

3. Jus Legandi - right to legation (sending diplomatic missions to states)

Duties of International Orgs

• Fulfill international treaty obligatiosn

• Have claims brought against them

The Mavrommatis Palestine Consessions

Establishes that states can bring claims against other states when an individual national is harmed:

• When injured by acts contrary to international law

• The states have been unable to satisfy the contention through ordinary channels

INDIVIDUALS THEMSELVES CANNOT BRING CLAIM (central american court of justice)

Duties of Individuals in IL

Must refrain from

• Piracy

• Crimes against humanity

• War crimes

• Genocide

Claims to Self Determination - Western Sahara

The case that determines that people have a right to self determination

Claims to Self Determination - Colonialism

The right to self determination in the event of colonialism is supported by

• U.N. General Assembly 1514 - “Independence of Colonies”

• UNGA Res 2625 - “Friendly Relations”

  • States have duty to end colonialism and due regard to the will of the people concerned

Claims to Self Determination - Apartheid

The right to be free of racial/ethnic denial of participation in government

• UN Charter 1(3): respect for human rights and fundamental freedom for all regardless of race, sex, language, or religion

Claims to Self Determination - Unification

Allows peoples to unify themselves. THIS CLAIM IS NOT VALID

• Threatens territorial integrity of states

• Associated with use of force violence

Claims to Self Determination - Secession

Allows the secession of an ethnic group from a state. (Ex. the Basques in Spain). NOT A VALID CLAIM

• Threatens territorial integrity

• Use of force violence association

Claims to Self Determination - Regime

Allows for people to establish certain regimes.

• Valid under right of revolution

U.N. Charter 1(2)

To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;

Similar to UNGA Res 2625