ILawlecture03（双课国际法课件03）.pptVIP

Lecture ThreeStates and International Law Subjects of International Law States as subjects of IL Sovereign States and its constituents Sovereign States and its legal performance in International Law 1. Subjects of International Law 1. definition The entities to whom international law applies . 2. legal personality (法律人格) capacity of possessing rights and duties enforceable at law. may sue or be sued for breach of law. 1.Subjects of International Law 3. legal persons (法人) those entities with the legal personality 4. Competence and capacity Competence (权力能力)is a qualification by law that a subject possessing certain rights and duties. 应然 Capacity (行为能力) is summary of the rights and duties possessed by a sbuject through its own legal performance. 实然 1. Subjects of International Law 5. States are principal subjects of IL. There is no international sovereign to enforce international law. The responsibility for the application of international legal rules lies with no court, municipal or international, but with the principal subjects of that law, the states themselves. 1. Subjects of International Law Main subjects in International Law Sovereign states International organizations Individuals Definition of States States are political entities have a territory, a population, a government capable of entering into international relations, and a government capable of controlling its territory and people. Independent states Dependent states Inchoate states 2.Sovereign States and International Law 1.What is sovereign states (or sovereignty)? The Roman Law, the supreme governance of states’ rulers. Two aspects of sovereignty: supreme governance domestically ; free from outside intervention (independence) 2.Sovereign States and International Law Hobbes’ Leviathan (mortall God immortall God) sovereign power Grotius’ the Law of War and Peace. De Jure Belli ac Pacis jus ad bellum(诉诸战争的权利, Right to Resort to War) and jus in bello(战争法规, War Laws) 2.Sovereig