国际法课件三.pptVIP

CHAPTER III: SUBJECTS OF INTERNATIONAL LAW The State International Legal Personality Entities with international legal personality: Participate int’l relations with other states; Possess international rights, obligations Have necessary capacity to maintain and enforce rights through international claims. 1. Forms of States Unitary states Composite states (confederation, federation) Special states: Permanent neutralized state Holy See The British Commonwealth of Nations Federal states Many of the non-unitary states of the world are very large in size, particularly Russia, Canada, United States, Brazil, India and Australia. The British Commonwealth of Nations The Commonwealth of Nations (CN), usually known as the Commonwealth, is a voluntary association of 53 independent sovereign states, almost all of which are former colonies of the United Kingdom. What does the term “state” mean? A state proper is in existence when a people is settled in a territory under its own sovereign government ------Oppenheim’s International Law How does an entity become a statehood? 2. Criteria for Statehood Montevideo Conference 1933 stated that: The state as a person of international law should possess the following qualifications: a permanent population; a defined territory; government; and capacity to enter into relations with other states. Note: traditional standards M convention reflects the minimum requirements for the formation of a new state Modern standards Guidelines on the Recognition of New States in Eastern Europe and in the Soviet Union“ --------European Community’s Declaration 1991 to respect the U.N. Charter, the Helsinki Final Act, and the Charter of Paris, to guarantee rights for ethnic and national groups and minorities; to respect existing borders; to accept relevant arms control commitments; and to commit to settle by agreement all questions regarding state succession and regional disputes. Note