国际法CHAPTER 2.ppt

CHAPTER 2 INTERNATIONAL LEGAL PERSONS 2.1 States and Statehood 2.1.1 States Classic criteria for statehood (as identified in 1933 Montevideo Convention on the Rights and Duties of States) are as follows: Permanent Population Defined Territory Government (with actual control over the territory) Capacity to Enter into Relations with other States 2.1.2 Sovereignty and Equality Sovereignty and equality are the foundation of the international legal system; rights and duties of States flow from these concepts. Sovereign equality means a State has right to exclusive control over its territory and domestic affairs and duty to respect rights of other states and to refrain from intervening in their domestic affairs. Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations: as the title indicates, this was intended to elaborate upon the fundamental rights and duties of states recognized within the UN Charter. 1. Refrain from threat or use of force 2. Settlement of international disputes by peaceful means 3. Duty not to intervene in matters within the domestic jurisdiction of any State 4. Duty to cooperate 5. Principle of equal rights and self-determination of peoples 6. Principle of sovereign equality 7. Principle that States shall fulfill in good faith obligations assumed in accordance with the Charter The Five Basic Principles of Peaceful Co-existence 1. Principle of mutual respect of sovereignty and integrity of territory 2. Principle of mutual non-aggression 3. Principle of non-intervention in domestic affairs 4. Principle of equality and mutual benefit 5. Principle of peaceful co-existence 2.1.3 Types of States International law assumes that the State “speaks with one voice;” debate about whether sub-national units should have some degree of international capacity. Federal state, non-federal state and confederation of states Permanently Neut