Legal Personality- States and International Organsisations - States as subject of International Law
3 important questions on Legal Personality- States and International Organsisations - States as subject of International Law
What are the conditions for statehood?
1. Permanent population
2. Defined territory, (1969 North Sea Continental shelf)
3. Effective government: In Military and Paramilitary Activities in and against Nicaragua ICJ 1986
4. Capacity to enter into foreign relations
2. Defined territory, (1969 North Sea Continental shelf)
3. Effective government: In Military and Paramilitary Activities in and against Nicaragua ICJ 1986
4. Capacity to enter into foreign relations
Very occasionally, a State will become extinct. This can be through a number of means, which are?
- Political union with one or another State to form a new State.
- Political union is similar, but not identical, with the incorporation of one State by another State.
- Incorporation is usually consensual, and in this regard it is to be distinguished from annexation, usually (but not invariably) a unilateral act of seizure of territory that is later legitimated by recognition by other States.
The dismemberment of a State into new States can lead to a number of outcomes, which?
- The first is dissolution: the existing State disappears, and new States succeed to its rights and obligations but not to its personality.
- The concept of continuing State’ invoked by the FRY (federal republic of Yugoslavia is important, as a continuing State retains the international personality of the original State: it is the same legal person. and need not re-apply for membership in international organizations, nor re-accede to treaties. es. The continuing State would also, in principle, assume the public debts of the disintegrating State.
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