ch 7 Van Glhan and Talubee

ch 7 Van Glhan and Talubee - Van Glhan Talubee Chapter 7...

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Chapter 7 : Subject of International Law The Community of Nations—existence and application of a system of law relating to all civilized states presupposes a system of common values and attitudes Reality of the Community Concept: o One of the oldest lineages, connected to natural law o Renaissance thought, expressed by Suarez and other scholars, held that man’s nature, need, and desire for mutual help could not be fulfilled in individual sates but involved humanity as a whole in one great society o Society, just like its component political parts, needed a body of law to regulate and order the relations between those parts o But the community of states has failed to achieve even minimum standards of coherence on many dimensions—in the contemporary world, no state has sufficient resources to stand completely on its own Beginnings of the Community of Nations: o Peace of Westphalia in 1648 as the true beginning of the modern community of nations— until 1856, only Christian nations could join the group of states subject to the rules of international law o But by the terms of Article 7 of the Treaty of Paris (1856), the Ottoman Empire received the protection and right “to participate in the public law and system of Europe” o By the end of the 19 th century, admitted non-Christian and non-European states o 20 th century witnessed a great expansion in membership—today international society has more than 200 states as well as 2,000 IGOs and 7,300 major NGOs International Juridical Personality o Under the law, an entity must meet certain minimum qualification in order to enjoy the benefits of legal rights or must have an obligation to perform certain legal duties o In international law, entities meeting those minimum qualifications have international juridical personality o In international law, individuals will seldom have any personal responsibility – the claim or actions will be filed against the state, as the appropriate subject of the law, not against a specific individual as an officer of the state o Officers of the state, as agents responsible for carrying out certain duties, may bear personal liability with respect to domestic laws or constitutions Members of the Community of Nations: o Territorial states alone are eligible for membership o Certain international agencies and organizations—EU, ICRC (international committee of the red cross), and the UN—may possess limited juridical personality through the treaties creating them o States are the primary subjects of international law Fully Sovereign and Independent State: o To have full legal (juridical) personality, a state much have certain characteristics o A set of minimum facts defines the legal idea of a state o Restatement (Third) of Foreign Relations Law of the US: International law generally defines a “state” as “an entity that has defined territory and a permanent population, under the control of its own government, that engages in, or has the capacity to engage in, formal relations with other such
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This note was uploaded on 03/26/2012 for the course POL 382 taught by Professor Staff during the Fall '11 term at Miami University.

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ch 7 Van Glhan and Talubee - Van Glhan Talubee Chapter 7...

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