INTERNATIONAL LAW Subjects of Public International Law States

INTERNATIONAL LAW Subjects of Public International Law States International Organizations Profª Luciana Romano Morilas

1 Elements Physical �Territory �Population �Government Abstracts �Sovereignty �Purpose (Dalmo de Abreu Dallari)

1. 1 Territory Support material where the population should be established in a fixed and permanent way. Elements: soil, subsoil and airspace above (atmospheric). Delimitation = border line between two sovereignties, legal boundaries between states.

1. 1 Territory Delineation of boundaries: the expression elements � Geographical: mountains, middle of the bed of a navigable river. � Ethnic: ghettos, people's living spaces. � Administrative: parish boundaries, the former colonial administration (uti possidetis). � Trigonometric Mark: degree of longitude and latitude-Africa. Way of demarcation: Treaties-demarcation on the map + adaptation spot.

1. 1. 1 Sea Territory Maritime Territory: Montego Bay Convention of the Law of the Sea (16/11/1994). From the coast The basic line = line of low tide along the coast Towards the open sea.

1. 1. 1 Sea Territory Territorial sea: Sovereignty + innocent passage Economic Exclusive Zone: sovereign rights of exploration, conservation and management of natural resources of the seabed and its subsoil. There is no sovereignty, but functional rights. Continental Shelf: sea bed and its subsoil after the territorial sea on the natural prolongation of land territory to the outer edge, or up to 350 nautical miles. There's sovereign rights to exploit natural resources.

1. 2 Population NATION: sociological concept. Community of people who identify themselves by an ethnic, linguistic, sociocultural, have the same origin. Ex: nation of the Basques, the Palestinian nation, gypsies. STATE: sovereign power exercised (which has the nation) by the people (the ideal would be matched to a nation, but not necessarily so) that occupies a particular territory for certain purposes. � Personal dimension: people. � Spatial dimension: the territory. COUNTRY: occupation of a territory by a community (can be a nation or not) constitute a geographical and historical reality with their own name.

1. 2 Population CITIZEN: member of the people who can influence the formation of the will of the state, provided it is in full exercise of their political rights. HOMELAND: the expression that identifies the land of our fathers. The expression is full of a sense of civic duty.

Examples The Basque Country is a country. England is not a state, because it exercises sovereignty, but it is a country. The official name of the state is the United Kingdom of Great Britain and Northern Ireland. Britain is made pro 3 countries: England, Scotland Wales. Although there are states, and countries are not members of the UN, but are members of FIFA. Often, the country's name does not match the official name of the state. Ex: The Netherlands is the country's name. It is one of the provinces of the State, whose official name is the Kingdom of the Netherlands. The official name is the Swiss Confederation Helvetica.

1. 3 Government Responsible for the political role of the state, is the command to be followed. System of Government: relationship between the Executive and Legislative. a) Presidentialism: greater independence between the two powers. b) Parliamentarism: greater interaction between the two powers. Form of government: how the institution of power and the relationship between rulers and ruled a) Republic: electivity and temporariness of the mandates. b) Monarchy: heredity and life tenure.

1. 4 Sovereignty Concept: graduation of power (imposing a will on another). An individual will exercise on behalf of the state, imposing the will of the state. There is in any state. The state will always exist (sovereign). Involves the internal and external aspects. � Internal: there is no power within the territorial limits equal to the state (all are below). � External: The powers are the same (legal). International relations: amicable settlement (agreement) or war. No overlap of a force on the state.

1. 5 Purpose THE PURPOSE OF THE STATE IS THE COMMON GOOD: Set of all social conditions that consent and support the integral development of human personality. Moves the socio-cultural aspect of each people. Every state has to get the full socio-economic development of the individual.

2 Historical evolution Roman State, city-states power = family (King and Emperor). Medieval State : monarchies- Feudal State � political power = economic power. � legal rules imposed by the Lord Mayor (earth = source of wealth)-the Lord Mayor takes the power and role of the state-influence of the Catholic Church. � The king does not rule ≠ power of the feudal lord- suppressed state by the church. Modern State: the eighteenth century until the present day. � Sovereign state (power in the highest degree, quality of power).

3 Rights and duties of States Conservation law: the right to existence of the State. � The right to be armed and defend themselves: the lawfulness of the use and threatened use of nuclear weapons Law of self-defense Right to independence: application of the principle of nonintervention. Right to equality, "one state, one vote". Right to mutual respect: honor and national pride. International trade law: the obligation for States to open its territory to trade.

4 Emergence and recognition Emergence: gathering of essential elements. Recognition: THEORY OF RECOGNITION � Effectiveness of power: in fact the exercise of sovereign power � Continuity of State Role of international organizations The recognition by a State has effect ex tunc is irrevocable.

4 Emergence and recognition Recognition of States: request by notifying to the other States. � Emergence by establishing a population in a new territory � Emergence by the collapse of existing states Recognition of governments: presence of independent and effective government that complies with international obligations. � Diplomatic relations, immunity from legal proceedings, demands in international court, validity of laws and acts of government.

5 Classification Simple States : single and centralized power. Compounds States: distribution of power among its members. � For coordination: association of sovereign states. Federal State: USA, Switzerland, Germany, Brazil. Confederation: gathering of sovereign states by treaty to achieve a common goal. Ex: the Netherlands. Union of States: a king who leads two states. Ex: Commonwealth = the symbol of unity of people is covering the British Crown. � For subordination: had hierarchy power.