This document provides an overview of the key concepts of statehood and sovereignty in international law. It discusses the definition of a state according to the Montevideo Convention criteria of having a permanent population, defined territory, government, and the capacity to enter into relations with other states. The document also examines the concept of state sovereignty and how territory can be acquired. It analyzes the right to self-determination and how this relates to the creation of new states.
The study Notes on International Law which I prepared for examinations when I was student of LL.B. II in 2006. Hope it may be helpful in understanding the basics of the subject. But after studying it, the students should through the text books available on the subject.....Thanks
State succession,Kinds, Theories & consequences of state succession.Keshav Choudhary
Detail about the state succession, Kinds of State Succession, Theories of State Succession & Consequences of State Succession in Public International law. It is helpful for all Law and other competitive exam.
Concept of state, recognition and jurisdictionShivani Sharma
The slides discuss in detail the concept of State, State Recognition and Jurisdiction under International Law. Useful for Law Students and professionals.
The study Notes on International Law which I prepared for examinations when I was student of LL.B. II in 2006. Hope it may be helpful in understanding the basics of the subject. But after studying it, the students should through the text books available on the subject.....Thanks
State succession,Kinds, Theories & consequences of state succession.Keshav Choudhary
Detail about the state succession, Kinds of State Succession, Theories of State Succession & Consequences of State Succession in Public International law. It is helpful for all Law and other competitive exam.
Concept of state, recognition and jurisdictionShivani Sharma
The slides discuss in detail the concept of State, State Recognition and Jurisdiction under International Law. Useful for Law Students and professionals.
International law quick notes. Brief notes on international law. Introduction to international law. Relationship between domestic and international law
LLB LAW NOTES ON PUBLIC INTERNATIONAL LAW
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
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FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
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I. Nature, Origin and Basis of International Law.
The Emergence of International Law, Early European Authors, The Nation-State
System, The Enforcement of International Law, The Effectiveness of International
Law, The Weakness of International Law, The Juridical Basis of International law,
The Future of International law and Material Sources of International Law.
II. Relation between International Law and State Law.
Article 38 of the Statute of International Court of Justice, Primary Sources of
International Law, Subsidiary Sources of International Law, International Soft Law
III. State in General and Recognition
Personality and Statehood in International Law, The Subjects of International
Law, Recognition of State and Government in International Law, Recognition of
State and Government in National Law.
IV. The Law and Practice as to Treaties
The Vienna Convention on the Law of Treaties
V. The Settlement of International Disputes.
Negotiation, Mediation and Good Offices, Inquiry, Settlement by the United
Nations, Conciliation, Arbitration, The International Court of Justice.
VI. International Humanitarian Law.
International and Non-International Armed Conflicts, Non-International Armed
Conflict, ‘Combatant’ and ‘Protected Persons’, Protection of Wounded, Sick and
Ship-Wrecked Persons, POWs, Civilians, Limitations on the Conduct of War,
Limits on the Choice of Methods and Means of Warfare.
VII. The Use of Force
The Law before the UN Charter, The Law after the Charter, The Collective Use of
Force, The Right of Self-Defence.
VIII. International Institutions
IX. State Territorial Sovereignty.
X. State Responsibility.
XI. State Jurisdiction.
XII. Succession to Rights and Obligations.
XIII. The State and the Individual.
XIV. The State and the Economic Interest.
XV. Diplomatic Envoys, Counsels and other Representatives.
XVI. War, Armed Conflicts and other Hostilities.
XVII. Neutrality.
it tackles the questions when does a belligerency exist? what is insurgency and matters regarding the recognition and consequences of a belligerent state.
International law quick notes. Brief notes on international law. Introduction to international law. Relationship between domestic and international law
LLB LAW NOTES ON PUBLIC INTERNATIONAL LAW
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
I. Nature, Origin and Basis of International Law.
The Emergence of International Law, Early European Authors, The Nation-State
System, The Enforcement of International Law, The Effectiveness of International
Law, The Weakness of International Law, The Juridical Basis of International law,
The Future of International law and Material Sources of International Law.
II. Relation between International Law and State Law.
Article 38 of the Statute of International Court of Justice, Primary Sources of
International Law, Subsidiary Sources of International Law, International Soft Law
III. State in General and Recognition
Personality and Statehood in International Law, The Subjects of International
Law, Recognition of State and Government in International Law, Recognition of
State and Government in National Law.
IV. The Law and Practice as to Treaties
The Vienna Convention on the Law of Treaties
V. The Settlement of International Disputes.
Negotiation, Mediation and Good Offices, Inquiry, Settlement by the United
Nations, Conciliation, Arbitration, The International Court of Justice.
VI. International Humanitarian Law.
International and Non-International Armed Conflicts, Non-International Armed
Conflict, ‘Combatant’ and ‘Protected Persons’, Protection of Wounded, Sick and
Ship-Wrecked Persons, POWs, Civilians, Limitations on the Conduct of War,
Limits on the Choice of Methods and Means of Warfare.
VII. The Use of Force
The Law before the UN Charter, The Law after the Charter, The Collective Use of
Force, The Right of Self-Defence.
VIII. International Institutions
IX. State Territorial Sovereignty.
X. State Responsibility.
XI. State Jurisdiction.
XII. Succession to Rights and Obligations.
XIII. The State and the Individual.
XIV. The State and the Economic Interest.
XV. Diplomatic Envoys, Counsels and other Representatives.
XVI. War, Armed Conflicts and other Hostilities.
XVII. Neutrality.
it tackles the questions when does a belligerency exist? what is insurgency and matters regarding the recognition and consequences of a belligerent state.
An International Insolvency Law for Sovereign Debt? Learnings from the Euro ...Luca Amorello
Presentation of my new paper:
'An International Insolvency Law for Sovereign Debt?'
Seminar on “Sovereign Debt Restructuring and the Rights of Private Creditors”.
July 14, 2014,
House of Finance - Frankfurt.
INCLUDED:
- Statehood and Sovereignty
- Non-state as Legal Actors
- United Nations
- Globalisation
- Global Human Rights Issues & Refugees
- Genocide
- European Union
- Environmental Degradation
- Overpopulation
- Terrorism
- World War I
- Communism vs Democracy
- Arm Race and Arm Control
- Biodiversity Loss
Note: Some parts, such as the advantages and disadvantages, has the '@' or has multiple options. This is because they were taken from various sources from the internet and books and there are just too many of them to choose from. Just choose the ones that you are able to memorise. If there's anything else that you don't understand from the notes, do leave a comment.
Chapters/topics that are NOT INCLUDED in the notes are:
- USA as Sole Superpower
- Primary Healthcare
- Other Regional Organisations such as OIC, ASEAN, etc.
- Poverty/Global Economic Issues/World Bank/IMF
- Others that are not stated in the included above
TIPS!
- Print on both sides but make sure to separate the chapters (don't mix two chapters on both sides of a piece of paper).
- Do not abandon the lecture notes that are given to you by the lecturers completely. Instead, combine those notes with this (in case there are incomplete information anywhere -- you'll get the best of both worlds).
- The font might seem to be too small but they're actually readable after printed.
If anyone wants the slides for any UiTM Foundations in Law subjects for Semester 2, feel free to leave a comment too.
Good luck and all the best!
State is important topic in Private International Law. It is very important for all law students world widely. It covers all he content of State.This PPT gives a detail information of the state in present time.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
2. Objectives for this week:
• To understand the concept of state sovereignty and its
implications for international law
• To critically consider the ways in which international law
regulates the acquisition of territory by States
• To critically consider the ways in which an entity is recognised
as a State, including the role of other States’ recognition and
the role of the doctrine of self-determination.
2
3. What is a state?
• How would you define a state?
• Could describe a state by reference to what states do:
• States are the subjects and creators of international
law (treaties & custom)
• States possess international legal personality – can sue
and be sued under international law
• States can grant legal rights and responsibilities to
individuals or organisations
• States are the ‘units’ through which international law is
created, interpreted and enforced.
3
4. What is a state?
• A State, for the general purposes of international law, is a
territorial unit, containing a stable population, under the
authority of its own government, and recognised as being
capable of entering into relations with other entities with
international personality.
(DW Greig, International Law, 2nd ed, Butterworths p. 92)
• Do you find this definition useful? Does it sufficiently
distinguish between states and non-states?
4
5. Concept of state sovereignty
• A state enjoys the benefits of sovereignty:
• Equality under international law (Declaration on Friendly
Relations of States (1970))
• International legal personality: creators and subjects of
international law; enjoy rights and bear duties under
international law;
• Territorial sovereignty: ability to exercise jurisdiction and
control within territory and over all those found in territory
• Non-interference from other States: exclusive jurisdiction over
their domestic affairs, protected from interference from other
states (principles of non-intervention and non-interference
under UN Charter art 2)
• Immunity from the jurisdiction of other states (week 11)
5
6. The elements of Statehood
• Montevideo Convention on the Rights and
Duties of States, article 1:
The State as a person of international law
should possess the following qualifications:
a) a permanent population
b) a defined territory
c) government
d) capacity to enter into relations with other
States 6
7. (a) Permanent Population
• Why is permanent population necessary for statehood?
• Does it matter how big the population is?
7
8. (b) A defined territory
• A state must have a defined territory
• Territorial sovereignty is a key element of international law
Essential link between statehood and territory
• What if two states are involved in a boundary dispute?
• Does a state’s population have to reside within its territory?
• What if a state’s population is forced to move?
8
10. 1. Cession
• Transfer from one sovereign to another.
• Must be intention to transfer sovereignty.
• Will be void if effected by threat or use of force (UN
Charter art 2(4)).
• Ceding state can’t rescind, or give better title than it
possessed.
• Distinguished from secession, whereby part of a State
seeks to become independent.
10
11. 2. Occupation
• A State may acquire unoccupied territory (that is, territory
which is terra nullius)
• May be terra nullius because either:
• No sovereign ever existed; or
• Previous sovereign has abandoned the territory
• Clipperton Island case: must be clear intention to relinquish in
order to establish abandonment
• Western Sahara case: territories inhabited by indigenous
peoples with social or political organisation are not terra
nullius.
11
12. Occupation cont/…
• Assuming territory is terra nullius, two elements required
to establish occupation:
1. Possession – formal act demonstrating intention to
occupy and usually involves actual settlement
2. Effective occupation – some demonstration that
territory is in fact governed by new occupier
• These elements are judged in the circumstances, in
context of location and habitability of territory
(Clipperton Islands; Island of Palmas).
• Discovery of territory creates an inchoate title which
must be confirmed through possession and effective
control (Island of Palmas) – discovery alone is not
enough to create territorial sovereignty.
12
13. 3. Prescription
• Acquisition of territory that was not terra nullius when it was
acquired, but where state has been in possession for so long
that it has been recognised as legal sovereign.
a) Immemorial possession – state has been in possession so long that
competing claims are forgotten
b) Adverse possession – identity of previous sovereign is known, but
new sovereign has exercised authority for so long that old sovereign
deemed to have forfeited title
• Possession must be peaceful - no use of force
• Any other stakeholders must have acquiesced, that is, not
protested the new state’s claim.
• State claiming territory must have acted as if they were
sovereign (that is, possession exercised a titre de souverain)
13
14. 4. Accretion
• Increase in territory through natural forces eg
build up of sand or soil.
• If gradual, imperceptible changes to river’s course
where river is border – territory changes too.
• But if avulsion – that is rapid change eg by
flooding, then border remains where it was.
14
15. 5. Conquest
• Taking possession of enemy territory in time of war
• Sovereignty is usually transferred in peace treaty.
• No longer a valid way of acquiring territory – violates art
2(4) of UN Charter.
• Principle of intertemporal law allows recognition of
sovereignty where conquered prior to prohibition on use of
force and where sufficient number of governments
recognise sovereignty. This can operate to validate title.
15
16. (c) Government
• Test for government involves two elements:
(i) Exercise of effective control over a defined territory;
(ii) Independence (not subject to control by any other State or
external political power)
Aaland Islands Arbitration: emergence of Finland as
independent state depended on when Finnish government
could be said to be exercising independent effective control,
without support of Russian troops.
• What kind of government is required? Does it have to be
democratically elected?
• What happens when a state lacks or loses effective
government?
• What about changes in government? Changes to constitution?
16
17. (d) Capacity to enter into relations
with other States
• Two possible definitions:
1. Political, technical, financial and other resources
to establish diplomatic relations with other states
2. Willingness of other states to enter into relations
• How important is recognition by other states?
17
18. Recognition of states
• Two theories of recognition:
1. Declarative theory: recognition by other
states is just a confirmation that an entity has
statehood, it does not create that statehood.
2. Constitutive theory: recognition by other
states is a necessary precondition to
statehood.
18
19. Recongition of states cont/…
• Membership of international organisations
• UN Charter art 4(1) ‘membership is open to all peace-loving
states’
• Non-membership doesn’t mean an entity is not a state
• Recognition (or lack thereof) has evidentiary value in
determining statehood: widespread non-recognition suggests
problem with other elements of statehood (esp capacity to
enter into relations)
19
20. Emergence of new states
• New states can be created and become members of the
United Nations.
• The entity seeking independent statehood should satisfy
the Montevideo definition
• Requires recognition by other states (either as separate
requirement or as part of Montevideo test)
• Often through exercise of right to self-determination
• Emergence of independent state has obvious impact for
territorial sovereignty of state of which it was previously
a part. 20
21. Self-determination
All peoples have the right of self-determination. By virtue of
that right they freely determine their political status and freely
pursue their economic, social and cultural development.
21
International Covenant on Civil and Political Rights and International Covenant
on Economic, Social and Cultural Rights, common art 1:
The purpose of UN is to ‘develop friendly relations among
nations based on respect for the principle of equal rights and
self-determination of peoples’
UN Charter, art 1(2):
22. Self-determination
Art 1: ‘The subjection of peoples to alien subjugation, domination
and exploitation constitutes a denial of fundamental human rights, is
contrary to the Charter of the UN and is an impediment to the
promotion of world peace and co-operation.’
Art2: ‘All peoples have the right to self-determination; by virtue of
that right they freely determine their political status and freely pursue
their economic, social and cultural development.’
22
Declaration on the Granting of Independence to Colonial Territories and Peoples,
General Assembly Resolution 1514 (1960):
23. Who is entitled to self-determination?
• Final Report and Recommendations of an International Meeting
of Experts on the Further Study of the Concept of the Rights of
People for UNESCO (1990) – a ‘people’ has the following
characteristics:
1.Common historical tradition
2.Racial or ethnic identity
3.Cultural homogeneity
4.Linguistic unity
5.Religious or ideological affinity
6.Territorial connection
7.Common economic life
• As well as these objective characteristics, must have subjective
will to be identified as a people 23
24. What does self-determination
entail?
• For colonial or non-self governing territories, the right to self-
determination required states to take steps to facilitate
independence (GA Res 1514, art 5)
• But GA Res 1514 also recognised that ‘any attempt at the
partial or total disruption of the national unity and the
territorial integrity of a country is incompatible with the
Purposes and Principles of the UN Charter’ (art 6)
• Creation of independent nation for a people under the rule of
another state would be interference with territorial integrity
and sovereign rights.
• ICJ has attempted to reconcile these competing requirements,
at least in the case of colonial peoples.
24
25. Self-determination in the ICJ
• Western Sahara case (ICJ Reports 1975 at 12)
• ‘The principle of self-determination, at least as it applies
to colonial and similar non-self-governing territories, has
attained the status of customary international law.’
• Eg Judge Dillard – in Western Sahara: ‘it is for the
people to determine the destiny of the territory and not
the territory the destiny of the people’.
• Any claim by Spain, Morocco or Mauritania over the
territory was subject to the customary law principle of
self-determination.
25
26. Self-determination in the ICJ
cont/…
• East Timor: the right of peoples to self-
determination is customary law with the status
of a norm erga omnes
• That is, obligations are owed by all states, all
states must respect self-determination.
• The right is not limited to a colonial context,
but is enjoyed by all peoples.
• Israeli Wall: confirmed erga omnes status 26
27. External and Internal self-
determination
• Principle of territorial integrity acts as limitation on exercise
of self-determination (Kosovo advisory opinion)
• Colonial or non-self governing territories do have right to
independence – has led to creation of nearly 100 new states
– but that right doesn’t apply for all peoples
• In other cases, independence will require the consent of the
territorial sovereign in the form of recognition of
independence.
• Where independence not possible, self-determination must
be allowed through internal’ means, eg self-government or
autonomy. 27