Professional Documents
Culture Documents
Concepts on Subjects
Traditional concept
Only STATES are considered subjects of international law
Contemporary concept
Individuals and international organizations are also subjects because they have rights & duties under international law (Liang vs. People, GR No. 125865, March 26, 2001)
States
A community of persons more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing an organized government to which the great body of inhabitants render habitual obedience Remain the predominant actor in international law
Answer
The agreement is VALID. The comfort women and their descendant cannot assert their claims against Japan. As stated in Paris Moore vs. Reagan (453 US 654), the sovereign authority of the state to settle claims of its nationals against foreign countries has been repeatedly recognized. This may be made even without the consent of the nationals or even without consultation with them.
States
Montevideo Convention of 1933 on Rights and Duties of States:
The state as a person of international law should possess the following qualifications:
Permanent Population Defined territory Government Sovereignty Self-determination
Elements of a State
People Territory Government Sovereignty Self-determination
Population/People
Inhabitants of the State community of persons sufficient in number capable of maintaining permanent existence racial, cultural of economic interest does not matter no minimum population is required
Territory
Fixed portion of the surface of the earth inhabited by the people of the State That over which an entity exercises permanent sovereignty Defined even if boundaries have not been fully settled/claimed by another state Size is irrelevant
Government
That by which an independent society makes and carries out rules of action which enables men to live in a social state Agency or instrumentality through which the will of the state is formulate, expressed and realized. International law does not specify the form of government Temporary absence of government does not terminate the existence of a state
Types of Government
De Jure
One with a rightful title
De facto
A government of fact, actually exercises power or control but has NO legal title Q: Is the Cory government a de facto or de jure government?
Sovereignty
The supreme & uncontrollable power inherent in a State by which the state is governed. Independence from outside control Capacity to enter into relations with other states dependent on recognition
Characteristics of Sovereignty
Permanent Exclusivity Comprehensiveness Absoluteness Individuality Inalienability Imprescriptibility
Question?
What happens to sovereignty is the acts of authority cannot be exercised by the legitimate authority?
Answer
Sovereignty not suspended. General Rule:
Political laws are suspended
Subject to revival under jus postliminium that is once the legitimate authority returns political laws are revived Laws of Treason not suspended
Civil laws
Remain in force except when amended or superseded by affirmative act of belligerent occupant
Self-determination
Free to determine their political status as well as their economic, social and cultural development
All people have the right of self-determination
International Law
International law developed to regulate states because of:
the emergence of states state interaction development of the laws of war
Purpose for laws of war: it is in the mutual interests of all states to regulate the conduct of war, and in trying to agree on rules that will make it unlikely that war will happen.
Now, international law is also used to regulate the internal affairs of states
Succession of States
As to territory capacities, rights and duties of the predecessor state with respect to that territory terminate and assumed by the successor state As to state property subject to agreement With respect to treaties the Vienna Convention is followed With respect to public debts subject to agreement between states concerned; remains with the predecessor states
Incomplete Subjects
Protectorates Federal States Mandated & Trust territories Taiwan Sovereign Order of Malta The Holy See
Protectorates
Dependent states which have control over their internal affairs but whose external affairs are controlled by another state Autonomous states, vassal states, semisovereign or dependent states
Federal States
Union of previously autonomous entities Placing full authority in a central organ Lodging authority in individual entities
Taiwan
De jure part of China A non-state territory
International Organizations
An international organization is one that created by international agreement or which has membership consisting primary of nations. International organizations play increasingly important role in the relationships between nations.
International Organizations
The United Nations, the most influential among international organizations, was created on June 26, 1945.
to maintain peace and security, to develop friendly relations among nations, to achieve international cooperation in solving international problems, and to be a center for harmonizing the actions of the nations and attaining their common ends.
International Organizations
The International Court of Justice is established by the UN Charter as its principal judicial organ.
an integral part of the United Nations Charter, as specified by Chapter XIV of the United Nations Charter, which established the International Court of Justice
Belligerents
"one who wages war" an individual, group, country or other entity which acts in a hostile manner, such as engaging in combat rebel forces, if such rebel forces are recognized as belligerents An insurgency is an armed rebellion against a constituted authority (for example, an authority recognized as such by the United Nations) when those taking part in the rebellion are not recognized as belligerents.
Insurgency
more serious and widespread and presupposes the existence of war between 2 or more states (1st sense) or actual civil war within a single state (2nd sense) governed by the rules on international law as the belligerents may be given international personality
willingness on the part of the rebels to observe the rules and customs of war.
Recognition of Belligerency
formal acknowledgment by a third party of the existence of a state of war between the central government and a portion of that state exists when a sizable portion of the territory of a state is under the effective control of an insurgent community which is seeking to establish a separate government and the insurgents are in de facto control of a portion of the territory and population, have a political organization, and are able to maintain such control and conduct themselves according to the laws of war
Individuals
Example:
an individual has a right of freedom from torture under international law and States have a duty under international law not to torture individuals or to send them to a country where there is a likelihood of that person being tortured
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