International Law: Key Concepts and Subjects
Chapter 5: The Subjects of International Law
Definition of Subjects
Entities possessing international rights and duties and the capacity to bring claims under
international law.
Traditional Subject: States
Characteristics:
Sovereignty
Defined territory
Population
Ability to enter into relations with other states
Role: Primary and original subjects of international law.
Modern Subjects: Expansion of the Concept
International Organizations:
Examples: United Nations.
Legal Personality: Derived from their constitutive treaties.
Capacity: Act independently on the international stage.
Individuals:
Emergence: Driven by human rights law and international criminal law.
Rights: Can claim rights under international law.
Responsibilities: Can bear responsibility for international crimes (e.g., war crimes).
Non-State Actors:
Inclusion: In some cases, recognized with varying degrees of legal personality.
Evolution of International Law
Shift from a strictly state-centered system to a more complex legal order.
Involvement of multiple actors with differing legal capacities.
Chapter 9: Territory
Importance of Territory
Fundamental element of statehood.
Basis for the exercise of sovereignty.
Governance by International Law
Regulation of acquisition, maintenance, and disputes concerning territory.
Modes of Acquiring Territory
Occupation: Of terra nullius (land belonging to no one).
Cession: Through treaties between states.
Prescription: Through long-term, uninterrupted control.
Accretion: By natural processes (e.g., river changes, volcanic activity).
Principle of Effective Control (Effectivités)
Crucial for determining ownership.
Requires actual and continuous display of state authority.
Aspects of Territorial Sovereignty
Exclusive Authority: Over a defined geographical area.
Disputes: Arise from historical claims, unclear boundaries, or competing legal titles.
Modern Principles Affecting Territory
Self-Determination: The right of peoples to freely determine their political status.
Territorial Integrity: The principle that existing borders should be respected.
Impact: Complicate territorial issues, especially in decolonization and secession contexts.
Chapter 10: The Law of the Sea
Purpose of the Law of the Sea
Regulates the use of oceans.
Balances the interests of coastal and non-coastal states.
Historical Context
Initially, seas were considered open to all (freedom of the high seas).
Gradual expansion of coastal state control over adjacent maritime zones.
Recognized Maritime Zones
Territorial Sea:
Extends up to 12 nautical miles from the baseline.
Coastal State Rights: Sovereignty.
Contiguous Zone:
Extends up to 24 nautical miles from the baseline.
Coastal State Rights: Enforcement of customs, fiscal, immigration, or sanitary laws.
Exclusive Economic Zone (EEZ):
Extends up to 200 nautical miles from the baseline.
Coastal State Rights: Sovereign rights for exploring, exploiting, conserving, and managing
natural resources (living and non-living).
Continental Shelf:
The seabed and subsoil beyond the territorial sea.
Coastal State Rights: Sovereign rights for exploring and exploiting its natural resources.
High Seas:
All parts of the sea not included in the EEZ or territorial sea.
Status: Open to all states (freedom of navigation, overflight, fishing, etc.).
Codification: United Nations Convention on the Law of
the Sea (UNCLOS) 1982
Established the framework for maritime zones and rights.
Reflects a balance between state control and global commons.
Dynamic Nature
Illustrates the evolving nature of international law in managing shared resources and
competing interests.
Chapter 11: Jurisdiction
Definition of Jurisdiction
The legal authority of a state to:
Regulate conduct.
Enforce laws.
Adjudicate disputes.
Primary Basis: Territorial Jurisdiction
States exercise jurisdiction within their geographical borders.
Extraterritorial Principles of Jurisdiction
Nationality Jurisdiction: State's authority over its citizens, regardless of location.
Protective Principle: State's authority over conduct abroad that threatens its national security
or vital interests.
Passive Personality Principle: State's authority over conduct abroad that harms its nationals.
Universal Jurisdiction: State's authority over certain grave international crimes (e.g., piracy,
genocide, war crimes, crimes against humanity), regardless of where committed or the
nationality of the perpetrator or victim.
Limitations and Conflicts
International Law Limits: Jurisdiction must be exercised in accordance with international law.
Respect for Sovereignty: Must respect the territorial sovereignty of other states.
Conflicts of Jurisdiction: May arise when multiple states claim jurisdiction over the same
conduct.
Resolution: Rules of comity and international cooperation are used to manage conflicts.
Chapter 15: The Law of Treaties
Definition and Importance
Governs agreements between states.
Primary source of international law.
Essential instruments for international cooperation.
Governing Principles
Consent: Treaties are binding only on states that have consented to be bound.
Pacta Sunt Servanda: Agreements must be kept; treaties are binding and must be performed
in good faith.
Framework: Vienna Convention on the Law of Treaties
(1969)
Sets out the rules for treaty law.
Key Aspects of Treaty Law
Treaty Formation: Process of creating treaties, including adoption, authentication, and
expression of consent.
Reservations: Unilateral statements made by a state upon signing, ratifying, accepting,
approving, or acceding to a treaty, purporting to exclude or modify the legal effect of certain
provisions of the treaty in their application to that state.
Interpretation:
Method: Good faith.
Considerations: Ordinary meaning of terms, context, object and purpose of the treaty.
Invalidity:
Treaties can be invalidated under certain circumstances:
Coercion (threat or use of force).
Error.
Conflict with jus cogens norms (peremptory norms of general international law).
Termination and Suspension:
Treaties can end or be temporarily suspended under specific conditions:
Material breach by a party.
Fundamental change of circumstances (rebus sic stantibus).
Mutual agreement.
Incompatibility with a later treaty.