Lesson 5

STATES AS SUBJECT OF INTERNATIONAL LAW

Subject and object distinguish
Cruz:
A subject of international law is an entity that has rights and responsibilities under the law. It has
an international personality in that in can directly assert rights and be held directly responsible under the
law of nations.
An object of international law is the person or thing in respect of which rights are held and
obligations assumed by the subject.
Bernas:
Subject of international law are entities endowed with rights and obligations in the international
order and possessing the capacity to take certain kinds of action on the international plane.
Commencement of their existence-creation of states-elements
Bernas:
Montevideo convention of 1933 on rights and duties of states: The state as a person of international law
should possess the following qualification:
1. Permanent population (people)-a community of persons sufficient in number and capable of
maintaining permanent existence of the community and held together by a common bond o law.
2. Territory-a definite territory over which an entity exercises permanent sovereignty.
3. Government-institution or aggregate of institutions by which an independent society makes and
carries out those rules of action which are necessary to enable men to live in social state.
4. Sovereignty-independence from outside control.
5. Self-determination-free determination of political status, economic, cultural and social
development.
Cruz:
Acquired by revolution, unification, secession, assertion of independence, agreement and attainment of
civilization.
Sarmiento:
A new state come into existence when a community acquires not momentarily, but with
reasonable probability or permanence, the essential characteristic of a state namely an organized
government, defined territory and such a degree of independence of control by any other state as to be
capable of conducting its own international relation.
Classification of states
Cruz:
1. Independent states-not subject to dictation from others.
a. Simple states-placed under a single and centralized government.
 b. Composite states-consist of 2 or more states, each with separate government but bound under a
centralized authority.
Real union is created when two or more states are merged under a unified authority so that they form
a single international person through which they act as one entity.
Federal union is a combination of two or more sovereign states which upon merger cease to states,
resulting in creation of new state with full international personality.
Confederation is an organization of states which retain their internal sovereignty and to some degree,
their external sovereignty, while delegating to the collective body power to represent them as a whole
for certain limited and specified purpose.
Personal union comes into being when two or more states are brought together under the rule of the
same monarch.
Incorporate union is a union of two or more states under a central internal affairs and possessed of a
separate international personality.
2. Neutralized states those upon which the status of permanent neutrality in all future wars was
formally imposed by a group of great powers.
3. Dependent states- those that have practically complete control of their domestic affairs while they
have been subject to a greater or lesser degree of dependence upon another state in respect of
their control over their relations with third states.
Capacity of states

If all elements are present, it is regarded as international person entitled to membership of family
of nations.
However, recognition of states is political act which may not be compelled.
Restricted capacity to discharge International obligations owing either to treaty commitments or
to its limited powers.
The principle of state continuity
Cruz: p. 73

States continues as a juristic being notwithstanding changes in circumstances, provided that they
do not result in loss of any of its elements.
It continues to be a corporate person whatever changes may take place in its international
operation and government.
Extinction of states
Loss of one of the elements.
Succession of states
It takes place when one state assumes the rights and some of the obligations of another because of
certain changes in the condition of the latter. (universal or partial) sarmiento defined it as shift of
responsibility over territory from one state to another.
Bernas:
 When a state succeeds another state with respect to particular territory, the capacity, rigths and
duties of the predecessor state are assumed by the successor
As to state property, subject to agreement. See p. 83
With respect to treat see p. 83

Succession of governments
Cruz: p. 78

One government replaces another either peacefully or by violent methods.

Integrity of state is not affected
Rights of predecessor government are inherited by successor
If by consti reform, obligation of the replaced government are also completely assumed by the
former
If through violence, personal and political obligations may be lawfully rejected by the successor

Fundamental rights of the state

Bernas: p. 84-85

Independence
Equality
Peaceful co-existence

Duties of the states

Sarmiento: p. 59

To refrain from intervention in the internal or external affairs of aby other state
To refrain from formenting civil strife in territory of another state
Equal treatment of all persons
Settling disputes between and among states in peaceful manner
Refrain from resorting to war
to refrain from giving assistance to state who resorted to war
to refrain from recognizing any territorial acquisition by another state
carry out in good faith its obligation arisinf from treaty and other sources of IL
conduct relations in accordance with IL

some incomplete subjects

bernas: p. 85-86

protectorates
federal state
mandated and trust territories
Taiwan
The sovereign order of malta
The holy sea and Vatican city