1) The document discusses the subjects of international law, which include states, international organizations, and individuals.
2) It defines a subject of international law as an entity that can possess international rights and duties and maintain its rights through international claims.
3) States are discussed as the primary subjects of international law, and the key requirements for statehood according to the Montevideo Convention are outlined as a permanent population, defined territory, government, and the capacity to enter relations with other states.
1) The document discusses the subjects of international law, which include states, international organizations, and individuals.
2) It defines a subject of international law as an entity that can possess international rights and duties and maintain its rights through international claims.
3) States are discussed as the primary subjects of international law, and the key requirements for statehood according to the Montevideo Convention are outlined as a permanent population, defined territory, government, and the capacity to enter relations with other states.
1) The document discusses the subjects of international law, which include states, international organizations, and individuals.
2) It defines a subject of international law as an entity that can possess international rights and duties and maintain its rights through international claims.
3) States are discussed as the primary subjects of international law, and the key requirements for statehood according to the Montevideo Convention are outlined as a permanent population, defined territory, government, and the capacity to enter relations with other states.
International Organisations State Entities ( UN; ASEAN, EU, WTO, etc) - Holy See de facto - ICRC regimes
International non-govern.org. individuals MNC
(NGOs: e.g. WWF, Greenpeace) Case Law/ Kptsn Mahkamah Int’l ( ICJ
• Subject of International Law :
– is an entity capable of possesing international rights and duties and having the capacity to maintain its rights by bringing international claims. (ICJ, 1949).
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Subject of Int’l Law & Legal Personality
• An entity has international personality if it has rights and
duties under international law. • characteristics of international personality: – (1) Rights and obligations under international law; – (2) Treaty-making capacity; – (3) Capacity to make international claims; and – (4) The enjoyment of privileges and immunities from national jurisdictions.
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Legal Personality dlm Hk Int’l. • Treaty making power • Privileges and immunities • Capacity to espouse international claims • Functional protection of agents • Locus standi before international tribunals • Responsibility • Administration of territory • Rights and inviolability of its missions • Recognition of States
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Negara dlm Hk Int’l • Definisi: • Syarat suatu negara dalam HI ( Statehood); • Hak dan kewajiban dasar Negara dalam HI
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Montevideo Convention on the Rights and Duties of States, 1933. Art. 1
• The state as a person of international law should possess the
following qualifications: a ) a permanent population; b ) a defined territory; c ) government; and d) capacity to enter into relations with the other states.
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Territory ( Wilayah & Perbatasan) • The principle of uti possidetis iuris : – The doctrine provides that emerging states presumptively inherit their pre-independence administrative boundaries. – “actual possession regardless of how it was reached and does not distinguish between de facto and de jure possession” . – E.g. Indonesia, Malaysia, Timor Leste,….melanjutkan wilayah negara pendahulunya.
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• The Principle of “Ex Factis jus oritur “ : the existence of facts creates law. • Dekolonisasi ----- Right of Self-determination – Merdeka dan berdaulat – Principle of “Ex injuria jus non oritur” ("law does not arise from injustice“) – implies that "unjust acts cannot create law“ . – Perbuatan
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• Case : – Indonesia – Israel vs Palestine ( UN : a non-member observer State) – Taiwan
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Hak Negara dlm HI • Sovereignty; • Independence; • Equality; • Self Determination- Self Preservation – Self Deffence
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Sovereignty ( Kedaulatan Negara) • Sovereignty = "independence“ – Sovereignty: exclusive control over own affairs – "right to exercise [within a set national territory], to the exclusion of any other State, the functions of a State" • Sovereignty & Jurisdiction – “Sovereign and independent states should possess jurisdiction over all persons and things within its territorial limits and in all causes civil and criminal arising within these limits – “manifestation/ symbol/attribute of sovereignty “ P 04 Subyek HI - State 2016 12 Jurisdiction/ Jurisdiksi Jurisdiction : the power of a state to affect persons, property, and circumstances within its territory. It may be exercised through legislative, executive, or judicial actions. E.g. Negara RI . i.c. crimes, visa,, Tax…
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Equality of States ( Kesetaraan Negara dlm HI) • States are supposed to be equally sovereign – States "have equal rights and duties ; – Are equal members of the international community, notwithstanding differences of an economic, social, political or other nature" – E.g. “One State One Vote” dlm Majelis Umum PBB. • Sebaliknya. . . obligation not to interfere in the sovereign affairs of other states.
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Kewajiban Negara dlm HI • Larangan Perang/ Penggunaan Kekerasan . – Diatur dlm Art. 2 (4) Piagam PBB; • Peaceful settlement of disputes; • Melaksanakan Perj. Int’l dgn itikad baik ( Pacta sunt servanda) • Non intervention; • Non Aggression. • peaceful coexistence;