ULUSLARARASI KAMU HUKUKU I

Article 1 of the 1933 Convention on Rights and Duties of States (the Montevideo Convention) provides that “the state as a person of international law should possess the following qualifications: (a) permanent population; (b) defined territory: (c) a government; and (d) capacity to enter into relations with other States.”

The term subjects of international law refers to entities endowed with legal personality, capable of exercising certain rights and duties on their own account under the international legal system.

Mini states or micro states are entities like Andorra, Monaco, San Marino and Liechtenstein.

Non-self-governing territories  are colonies, protectorates, trusteeship and mandate territories.

a

The 1946 Convention on Privileges and Immunities of the United Nations

The International Criminal Tribunal for the former Yugoslavia was one of the international criminal tribunals that were established to deal with crimes that resulted mainly from internal armed conflicts in 1993.

The Universal Declaration of Human Rights was adopted in 1948.

The Declaratory theory considers that a new state or a new government exists independent of recognition.

The Estrada doctrine laid down that it is the duty of a state to continue diplomatic relations with states without regard to revolutionary changes

The typical legal subject of international law is the state. Ordinarily, international law deals with the rights and duties of states and its rules bind the states. Other entities may also be considered as the subjects of international law to the extent they can enter into legal relations and exercise certain rights on the international plane.

An entity, to be considered a state, must have certain characteristics, such as territory, population, government, and sovereignty. Article 1 of the 1933 Convention on Rights and Duties of States (the Montevideo Convention) provides that “the state as a person of international law should possess the following qualifications:

(a) permanent population

(b) defined territory

(c) a government

(d) capacity to enter into relations with other States.”

States that are subject to the authority of one or more states are known as “dependent states.” The notion of dependence necessarily implies a relation between a superior state (e.g., protector etc.) and an inferior or subject state (e.g., protégé etc.); the relation between the state which can legally impose its will and the state which is legally compelled to submit to that will.

Article 1 of the 1933 Convention on Rights and Duties of States (the Montevideo Convention) provides that “the state as a person of international law should possess the following qualifications:(a) permanent population; (b) defined territory: (c) a government; and (d) capacity to enter into relations with other States.” The correct answer is D.

For the existence of a state, it is enough that this territory has a sufficient consistency, even though its boundaries may not have been precisely defined or delimited.

The status of entities in the form of Bantustans or homelands, created by South Africa, for black Africans from 1976 following its policy of apartheid, was similarly doubtful under international law. They were not granted recognition by any state except South Africa. Although these homelands had full legal control over their internal and external affairs, South Africa exercised major control on economic matters. On 17 November 1993, South Africa decided to abolish these independent homelands and reincorporated them into South Africa.

There are difficulties in applying the essentials of Statehood to non-self-governing territories - colonies, protectorates, trusteeship and mandate territories. The correct answer is C.

There are difficulties in applying the essentials
of Statehood to non-self-governing territories -
colonies, protectorates, trusteeship and mandate
territories. Capacity to conduct international
relations is significant in deciding the international
personality of an entity. This refers to independence
from the authority of any other state.

Class C mandates were the least-developed. Because of their sparse population or small size, or remoteness from the centers of civilization, or their geographical continuity to the territory of the Mandatory, they were administered under the laws of the Mandatory as integral portions of its territory. The correct answer is B.

The mandate system is now a dying species. In none of these cases was sovereignty transferred
to the Mandatory.  The Mandatories under all categories were given only the administrative powers and responsibilities that varied according to the mandate category. 

Class A comprised territories that were
formerly part of the Ottoman Empire and were
sufficiently advanced for their independence to
be “provisionally recognized.” It was subject to
the administrative advice and assistance of the
Mandatory, “until such time as they were able to
stand alone.”

Class B consisted mainly of territories of Central
Africa that were still in the process of economic
and political development. The Mandatory was
responsible for their administration, subject to a
variety of guarantees and was under the obligation
to allow trading opportunities to other League
members.

Class C mandates were the least-developed.
Because of their sparse population or small size,
or remoteness from the centers of civilization, or
their geographical continuity to the territory of the
Mandatory, they were administered under the laws
of the Mandatory as integral portions of its territory.