PIL Session 2 WS22/23

Individuals...

• have always been subjects of international law

• are objects of international law since 1945

• have rights and duties under international law

• are not subjects of international law

Subjectivity of states is...

• non necessary, derivative, limited and particular

• merely imagination

• a new development of public international law

• necessary, original, unlimited and general

The Montevideo Convention...

• is a South American film festival

• provides criterions for a State as a person of international law

• is a worldwide treaty that binds all UN Member States

• is the successor to the Buenos Aires Agreement

The criteria set out in the Montevideo Convention are…

• a temporary population and an undefined territory

• peace and security

• exquisite restaurants and hotels for diplomats

• a government and the capacity to enter into relations with other states

The criterion “permanent population” stipulates…

• that the size is important

• that ethnicity, language and history play a decisive legal role

• a permanent population possessing citizenship, residing in the territory

• that nobody must leave the country

The criterion of defined territory…

• is not mentioned by the Montevideo Convention

• requires fully defined or settled boundaries for the state

• does not require geographical borders at all

• requires a consistent nucleus of territory

The boundaries of a territory…

• have to be definitively defined

• have to surround one geographical entity

• cannot include exclaves

• are established through agreements and customary law

Citizenship can be…

• acquired by descent

• acquired by place of death

• acquired by patriotism, bribery and good deeds

• acquired by E.T. and other aliens

Diplomatic protection…

• is only granted to diplomatic personnel

• means protection of citizens against acts by other states

• ensures protection of citizens against acts by foreign diplomats

• requires an "artificial link"

The Lotus decision of the PCIJ (1927) holds that…

• states are limited under international law by positive obligations only

• any state may sink foreign vessels

• natural law takes precedence over positive law

• there is no customary international law