Vande Matram!
These are some one-liner notes on Public International
Law. Read them carefully and note them for your knowledge.
Short Q and A on Public International Law: Part 7
·
Why is it a belligerent subject of law?
o
A belligerent is a subject of law because they are subject to
International rights and duties in respect of war. Geneva Conventions on the Prisoners
of war apply to them.
·
How war criminals are subject to international law?
o
The Nirenberg and Tokyo trials after II World War showed that
individuals could be tried for International crimes like crimes against peace,
crimes against humanity, and crimes under the law of War.
·
What is genocide convention?
o
Genocide convention provides for punishment of those who commit
genocide, the punishment may be awarded by National or International courts.
·
Why United Nations is subject of international law?
o
United Nations is the subject of international law because it is an
international legal person, capable of International rights and obligations.
And thus all the international organisations are the subject of international
law as they are having international legal personalities.
·
What is recognition of a State?
o
Recognition of a State is the free act by which one or more States
acknowledge the existence of a politically organised independent sovereign
community capable of observing International obligations.
·
Why recognition of a State is required?
o
Recognition of a State is required for the membership of the
'Family of Nations'.
·
What is the European Family of nations?
o
Before 1857, the European family of nations was formed by member
nations of Europe. After 1857 turkey became a member of this family and it was no
longer an exclusive European family of Nations.
·
What are the theories of recognition of state?
o
There are two theories of recognition of the state
§
The Constitutive theory and
§
The Declaratory theory
·
What are the essentials of statehood?
o
According to the Montevideo Convention 1933, the essentials of
statehood are :
§
a permanent population,
§
definite territory,
§
established government, and
§
full capacity to enter into International relations with other
States.
·
What is the declaratory theory?
o
According to the declaratory theory of state recognition a State must-have essentials of statehood as per Montevideo Convention, 1933 which are permanent
population, definite territory, established government, and capacity to enter
into international relations with other states.
·
What is the constitutive theory?
o
According to constitutive theory a community having a specific
population in the definite territory with an established government having the capacity to
enter into international relations with other states must be recognized by other
sovereign states.
·
What are the aspects of constitutive
theory?
o
There are two aspects of the consecutive theory of recognition of
State:
§
According to the traditional constitutive theory recognition is a
political act pure & simple and therefore an act of policy,
§
As per Lauterpacht, each State has a duty towards the International
community to recognise a new State which fulfills the legal requirements of
Statehood or other necessary qualifications.
Thanks for reading till the end. Thanks
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