1

HISTORICAL CONCEPTS ON INTERNATIONAL LAW

ROMAN LAW had established the distinction between ius civile and ius gentium.
 ius civile - only disciplined relations between subjects who enjoyed Roman citizenship (cives);
 ius gentium - was still law Internal Roman, but disciplined relations between Roman citizens and
foreigners (peregrini) or just between them.
 the early ius gentium gained greater "flexibility" than the ius civile, given the constant need to
be adapted to the relations with foreigners due to the demands of trade with foreign countries.

Because of this extension to the outside, ius gentium It was getting near to a naturalistic law and thus
a universal law in the sense that it had widespread acceptance because it was intended to meet
common needs of all men. It was truly a "law of the Gentiles" (Direito das Gentes). However, although it
is true that it was a universal law, ius gentium was still only private law, as it was being regulated
the relations between individuals and not between states. But it already had showed certain
sensible areas regarding international law, particularly as it refers to war.

FROM ROMAN IUS GENTIUM TO MODERN CONCEPT OF INTERNATIONAL LAW

 Interpretative doubts started arising regarding the doctrine of ius gentium being naturalistic and
universal especially in areas concerning war, so several authors during the 15 th century decided to
abandon the idea of ius gentiu and adopt the concept of international law based on the existence
of an international community that transcends the Christian Republic (República Cristiana)
 The idea evolved from being an individual right per se, to a true right of the people.
 The Law of the Gentiles (Direito das Gentes) is what binds the states in their relations with each
other. [é aquele que vincula os Estados nas relações entre si]
 In a classical perspective (Ulpiano, St. Augustine (354-430), Plato, Aristotle, Thomas Aquinas) had
a great tendency to associate international law with the International Peace Law and War.
 after the 1st World War (1914-1918), the idea of indivisible sovereignty of states
began to fall to the ground, on which rested the entire construction of the international law
of Peace and War and simultaneously triggered a movement in which the international
community began to absorb various materials, such as economic and social nature which were
traditionally monopoly of sovereign states.

INTERNATIONAL COMMUNITY
 From a historical point of view, from the outset to distinguish between community and society.
In both groups found common interests and divergent interests among its members,
namely:
1. Factos of approximation or aggregation (Factores de aproximação ou de agregação)
2. Factors of conflict or removal
In a community , the factors of approximation or aggregation are stronger. However, in a society,
the factors of removal or disaggregation are predominant.
Marcello Caetano - " community members are united in spite of all that separates them, in society remain
separate despite all that they do to unite". This is because the community is a spontaneous product of
social life that forms and organizes naturally, whereas the society is an artificial result of the will of
individuals who associate to pursue a particular purpose.

Ex. of a community - state community (a comunidade estadual) - the state - where the common
sense of national unity prevails over all that divides its citizens;
Ex. of society - associations and foundations

This construction was somehow transposed into International Law

In the INTERNATIONAL COMMUNITY, exists:
 common and converging interests among the States that composes the community
 But the international individualism (individualism internacional) of states founded on
sovereignty of each of them translates into a potential factor of conflict whose disruptive effect
is stronger than the aggregator effect of converging interests approaching States.
 Conclusion - the so-called "International Community" integrates not in the category of
"community”, but in “society” in which some authors prefer. This corporate design of international
community also explains the characterization of the classic international law which
translates into legal order in mere coordination of sovereignties and as such is based on horizontal
relations of simple cooperation.

Filipa Delgado: "Then the type of relationships that would be established would not be of horizontality
but of verticality. That is, States accept a subordinate relationship to an aggregator and
integrator political power that are higher than them - and the truth is that this is not the
framework of international law.”

In fact, the only force in DI internal order of States under and to the extent that its internal legislation,
usually its constitution so provides. And it is also why, given the relations subordination of EU states
this Community (which was not by chance, began to be called "EEC" and then "CE", given to assert its
superiority over the sovereignty of States), the EU law is seen by some as a DI branch sui generis.
In particular, for example in the EU the individual may go directly to the Court of Justice of the
European Union. Instead, the rules and decisions taken by higher authorities to the states, such as the
UNGA resolutions are not on rules, binding on the States and do not apply directly to internal order -
namely, do not impose on the individual - because between those authorities and the individual
intervenes if the state - so the individual usually can not access the International Tribunals - ex.
ICJ, Article 34 Statute ICJ
 However, the abstract rigor of the characterization of the international community as "society" has been
dilute with the evolution of DI especially after the 2nd World War (1939-1945). There has been a
new DI not so much based on the indivisible sovereignty of the state, but knowledgeable of a growing
number of areas where solidarity between states prevails over individualism. Examples: Human rights;
European Union.

TYPES OF RELATIONSHIPS THAT ARE ESTABLISHED IN THE COMMUNITY

INTERNATIONAL
THE. coordinating relations - are the ruling
at Community International. Result from a simple relationship between states and the need they feel to
meet together common interests - eg. preservation of peace, disarmament, economic cooperation,
combating terrorism, etc. B. reporting relationships - imply sovereignty limitations (seen above) W.
reciprocal relationships - older type of relations of the international community. Characterized by
enshrine a
synallagma
Ie in regular common area to States in terms of reciprocity. These relations are generalized through
multilateral treated - eg. immunities of diplomatic agents, dual nationality, extradition, etc.

2
International Law Definitions • As we referred last class, there are several doctrinal definitions of
DIP. • In fact, they may be offered a number of DIP settings, depending on whether they give special
emphasis to the following: 1. Subjects of DI 2. Community from which emanate the rules of DI 3. Type
of sanction that characterizes these standards. • However, as the Professor Philippa Delgado, these
definitions are always vague and incomplete, because the international community does not follow a
uniform model of organization.

More followed criteria: 1. Criteria of subjects 2. Object criteria of standards 3. Discretion of the form
of production of norms 4. sanction of criteria

1. Criteria of subjects • This criterion defines the DI from the subject it is intended. Thus, the DI is
defined as " the set of legal rules governing relations between sovereign states". This was the dominant
definition to the 1930s. But, alongside sovereign states arose more and more other subjects of DI, such
as international organizations and other subjects endowed with international legal personality. Trying to
solve this problem, Silva Cunha defined the DI as the "set of legal rules governing the relationship
between all components of the international community" but, as we see, is too broad a definition.
2. Object criteria of norms This definition considers that international matters are the subject of
 international norms, assuming that it is possible to clearly distinguish between domestic and
international matters. Thus, the DI comes defined as " the set of legal rules governing international
matters by nature "(Le Fur). • However, this criterion has not accepted nor doctrine, nor in international
jurisprudence. Matters pertaining to the reserved domain of the State does not fully correspond to its
internal matters.
3. Discretion of the form of production of norms • The DI is defined as the set of norms that arise in
the International Community - Kelsen. • The distinction between internal and international legal norms
based on a distinction between different processes of legal creation. • Critics - is sure there are norms
that form within the scope of the state and other production process which transcends them. However,
since the rules production processes regulated by the ID itself, just by being caught in a vicious cycle DI
- standards created by the International community - DI. 6

4. criteria of sanction • DI sanctions would not be imposed by an autonomous entity but by the other
members of the international community Unlike domestic law where there are autonomous entities that
condemn and execute offenders of the rules - the Courts. • When a State practicing a breach of an
international norms, there is not a court of competent jurisdiction for compulsory judge it and condemn
it. The penalty is typically applied by other states, a self defense manner. This thesis also has its critics: •
At the international level, we have several international bodies of judgment, such as: 1. Court - ex.
International Court of Justice 2. Policies - eg. UN Security Council • As we can see, no thesis is exempt
from criticism, although each provide important contributions that should be retained for your
understanding.

Filipa Delgado " The DI is reflected in the legal system norms governing relations between
States and other international entities "-

Public International Law vs Private International Law

1. Private International Law - internal law - said to be international by the reason to regulate acts
or facts with elements in connection with different legal regimes. Moreover, it comprises of a set
of rules dictated by each State so that when there will arisea connected relationship with
two or more jurisdictions, one can choose the material of one bill to indicate the most
appropriate solution to the problem raised. Such a solution is achieved through the indication is
made by conflict rule a category of legal relationships which is its object (ex. marriage,
inheritance, etc.) and by indicating, among the connecting factors that the legal relationship in
question has with various legal systems, that it considers most suitable for determine the
applicable law.
2. Public International Law - Public Law Branch governing relations between states with each other
or between States and other subjects endowed with international legal personality, eg.
International orgnizations
 .
Roots of Public International Law • Human rights • conventional law • Law of the Sea •
international criminal law • International Humanitarian Law • European Union law, although with special
features (class last) 11

Brief historical evolution of international law • Classical Age (VIII century BC -. Century V
dc). • If it is true that for many authors the DI just came up with the emergence of the modern state,
for others they are already traces of it from the Greco-Roman antiquity. • The typical state that time was
a state of latent war or even total war. • In principle, there were no rules that regulate relations between
states. • However, in Greece for example there were rules that governed relations between States cities
( Polis). Each city state was independent at that relations between them were international relations.

However, this only occurred in a limited plan and not globally. • The rules that existed at the time had not
yet a legal nature - had rather a moral and ethical origin. • Roman Empire (27 ac- 476) • The Roman
Empire was made up of a wide territorial space with center in Rome. • In this area lived several people,
all considered barbaric and inferior and submitted to the central power. • In Empire, the Emperor
dictated and imposed by the law to the people he ruled. • As we saw last class, the Romans did not
distinguish the internal rules of Dto of DI: they were all domestic law - ius civile and ius gentium. 13

Medieval Period (century. V- century. XV) • The Western European medieval Christian Community
was born on the ruins of the Roman Empire in 476, the result of the invasions of the Barbarians - which
generated political and social instability. • According to this Christian community, all men are
equals
each to others and should enjoy the same relationship to each other. • Some authors identify this idea as
the core of DI. • This idea evolved under the auspices of the Roman Catholic Church after the fall of the
Roman Empire, which attempts to restore the empire, emerging idea Respublica Christiana.

THE Respublica Christiana It consists of a broad group of political communities to self-determination,

united by the common religion of all - Christianity - and subjected to a diárquico power - the Pope and
the Emperor. • In fact, what comes up is - on the one hand, Pope; on the other, the Emperor. • Although
there is a division of responsibilities between them (spiritual vs. time), in practice this never occurred and
there has been fighting between them, sometimes violent. • The Pope comes recognized to the extent
to emerge as arbitration body in international conflicts of the time. Salientese although historically the
Kings waited for the papal bull recognizing the existence of new Kingdoms (like eg happened with
Portugal in 1179) 15

At Middle Ages
DI division arises from: i. Peace Law ii. War Law • The just and unjust war notions received new
definitions based on Christian doctrine: • The Church did not condemn the war against the infidels, but
claimed that the war between Christians would only be fair if undertaken by a legitimate prince to
respond to an injustice and for the sole purpose of punishing such injustice - design "guerrasanção". • St.
Augustine (354-430) - a just war is one that purports to defend and restore peace.

Renaissance (XIV century end. - XVII century.) • From the fourteenth century begins the
breakdown of Respublica Christiana. • Pope leaves to interfere in the decisions of states, because they
complain increasingly external autonomy. •
Due to the maritime expansion, a new factor: contacting the people
Europeans people
hitherto unknown, which marks the true beginning of international law.

European expansion • The discoveries brought new international problems since, until then, the
peoples of Europe had only had contact with the other peoples of the Mediterranean rim. • Therefore,
the autonomy of the DI appeared in the Spanish School (slide ss authors.) Precisely because of the
importance of striking
discoveries
. 1) Spanish school • They highlight the following authors who have left their legacy to the DI: • Fray
Bartolome de las Casas (1474-1566) • Br Francisco Vitoria (1480-1586) • Francisco Suarez.

2) Alberto Gentili ( 1552-1608, Italian) • It was the first author to distinguish DI from other areas of
knowledge. • He wrote an important work entitled Juri Belli - The law of war. 3) Grotius ( 1581-1645,
Netherlands) • For English-speaking, this is the real father of DI. • This author defended principle of
free navigation of the seas, which is still maintained and respected, even in wartime. • Your most
important text is Jure Belli ac Pacis - the Law of War and Peace.

4) The Westphalian Law • In 1648 They are signed the Westphalian Peace Accords, which put an
end to the Thirty Years War (between Catholics and Protestants). • This treaty establishes the
coexistence between Protestants and Catholic states and will allow the famous principle of European
balance aíformulado implicitly. • THE balance policy It means it is necessary to establish a division
between States forces so that they become balanced. • The aim is to prevent any of them from becoming
so powerful triggering a war that is sure to win. • so if keeps the peace.

• Thus, also protected the weaker states, because no state accepts that others break the balance, seizing
a smaller. • The Westphalia Peace has put an end to the Christian community, which ceases to exist from
a legal point of view and allows the recognition of the equality of States at international level, none of
them submitted to the Pope. • All States are recognized as sovereign. 22
• State Sovereignty •
In the seventeenth century, the DI is based on the idea sovereignty
states. • Each defends their interests without having to respect the interests of other states. • This
principle will eventually cause some harm in the centuries that followed. • On the other hand, this idea
leads to a sense of positivism - all standards are the
result of will
states. 23

Congress of Vienna • After the French Revolution (1789-1799 - Liberté, Egalité, Fraternité, end of
absolute monarchy and proclamation of the first French Republic), between 1814 and 1815 met the
Congress of Vienna intended to seal peace after the Napoleonic wars. • important ideas: The. Advance
about the diplomatic immunities and rivers International B. Condemn the slave trade w. hetero-help idea
in case of war against one of the subscribing States

We spent a manor State to a national state, to the extent that he ceases to be the prince's domain to
identify with the Nation (slide ff.). • Still, it continues to apply the idea of a sovereign state, in the sense
that it is not subject to any higher power. • On the other hand, according to the principle of
nationalities, resulting from the right of peoples to self-determination *, every nation has
the right to that sovereignty takes effect, to constitute an independent state. • There must
be so many states many nations and national borders must coincide with the latter. 25

Nation
- "Nation, the Latin natio, from natus (born) is a stable community, historically constituted by choice of
an aggregate of individuals, based on a territory, a language, and common material and spiritual
aspirations. It is the gathering of people, usually from the same ethnic group, speaking the same
language and having the same customs, thus forming a people whose component elements bring with
them the same ethnic characteristics and are held together by the habits, traditions, religion, language
and national consciousness. "

Right of peoples to self-determination - "The self-determination is the principle

that guarantees every people
a country the right to self-government, carry out their choices without outside intervention, exercising
sovereign right to determine their own political status. In other words, it is right that a country's people
must choose how to be legitimized domestic law without influence from any other country. "

American doctrines • Throughout the nineteenth century there are new states in Central and South
America (because of the independence of several colonies) and in Europe itself. They are new states that
correspond to the nations. • Monroe Doctrine - just as America should not intervene in Europe, Europe
also should not intervene in America.

voluntarism State • The DI is the result of the will of States. However, • At the end of the century. XIX
are the first international organizations: • International Telegraph Union (1865); • Universal Postal Union
(1874). • At functions these organizations, preferably administrative result of the view that there are
fields where states can not work in isolation.

Post World War I • One of the major turning points that point to the DI checks soon after the 1.ªGGM
(1914-1918) it has been calling attention to the need for improvement in achieving international peace
system. • Despite the failure of the League (of which the United States did not enter and the former
Soviet Union was expelled), were created some international habits in conflict resolution: • arbitration
became institutionalized; • international jurisdiction institutionalized with the creation of the Permanent
Court of International Justice, The Hague. However, this court had no compulsory jurisdiction over
conflicts - parts had to resort to it and submit it.

League of Nations - errors: • One of the SN was errors have not been clearly established that the
powers of the Assembly or Council, by generating conflicts between them; •
Another was to have established the rule of unanimity
, Which meant that small states have the same power as winners States. On the other hand, so that any
decision was made in favor were needed the votes of
all
, Which practically paralyzed the functioning of HI. • For this and other reasons, the SI could not help the
2nd GGM (1939-1945).

Post World War II: the United Nations period • Thus, in August 1941 is published the Atlantic
Charter (joint statement of the British PM and US President) which foresees the creation of a HI. • The
following year, a UN statement is published, consisting of 26 states. • In 1945, in California, they meet
all States that had declared war on the Axis powers (Germany, Italy and Japan) in order to draw up a
document that had the foundation of this organization.

On June 25, 1946 is signed the United Nations Charter, which governs the powers and shape of the UN. •
Therefore, note the following changes in terms of DI: 1. Increasing the number of DI of subjects
- including HI's and even the individual; 2. DI subject of enlargement - increasingly matters; 3. Replacing
the predominance of customary Dto Dto by writing; 4. Regionalization - States with geographical links -
eg. ASEAN, OHADA, MERCOSUR 5. Proliferation of HI's - OMS, OMT, etc. 6. Emergence of supranational
organizations - eg. EU 7. Strengthening International Justice - the case of the ICJ
DI sources • Formal sources of law are the emergence of processes and revelation of it, the different
techniques that permit it to hold that a norm belongs to positive law. • Material sources are the
sociological foundations of international standards, its political base. • Let's deal with the formal sources,
ie the development processes of international legal standards. • The International Community
is not a state and does not have a constitution, so there is not a universal value document to determine
which sources of DI. • So in this regard we have a rule of customary dto immanent to the international
community. 34

•
However, there is a text that contains a enumeration
the sources of DI: • ARTICLE 38.ºDO STATUTE OF ICJ, where we find: The) international treaties B)
international custom w) General principles of law d) Jurisprudence and doctrine and) Equity

This text has been much criticized by the doctrine given the multiple disabilities which includes: • Order •
Way lists the sources • Not all are sources in the proper sense • Mixing formal sources and materials /
mediate and immediate sources • Note however that this is merely an illustrative list. • In any case, lists
two key sources: the usual and
treated
. We will see in the next class which, according to Jorge Bacelar Gouveia, the real sources
(formal and immediate sources) International Discount are: 1. International treaties 2.
The international custom 3. Unilateral legal acts of States (notification, recognition,
promise, waiver and protest) and HI's. • Instead, in his opinion are alleged sources: 1. The general
principles of Dto (it is the sources that removed the principle underlying them, not the reverse) 2. The
case law (contrary view has Jorge Miranda, the accept-as a source for Dto, in particular by establishing
international custom) 3. The doctrine 4. Equity - Decision an equitable - resolution of the case by the
criteria set by the applicator itself, in view of the case - it is a decision tree that arises a posteriori. 37

If we make a parallel with the internal law, particularly with the matter taught in an Introduction to the
Study, we will say that: • Law Source is the normative act or production or regulatory disclosure. •
Source immediate
- produces and reveals law. •
Source mediately
- only reveals the law. • They are considered sources Internal Law: • Law • Custom • uses •
Jurisprudence • Doctrine • fundamental principles of law •
But some are immediate
(Eg. Law and custom) and others are mediate
(Eg. Jurisprudence and doctrine). •
But in DI seat, is chosen to make a reference to the concepts of sources formal
and materials
DIP.

3
Sources of International Law • Formal Dto sources - are preparing the dto processes, the
various techniques that permit it to hold that a rule belongs to the positive disc. •
materials Dto sources - consist of the sociological foundations of international standards,
their political, moral, economic or roughly explained by the doctrine or the subjects of the
disc. • It is fundamental take into account the process of training of law ( law-making
process) as a whole and not only look at the formal sources of international disc.

Formal DIP sources • Recap Article 38 Statute ICJ. • The article of this scope is in particular
wider than the statute as it is taken up in other treaties on peaceful conflict resolution, or
they serve as a reference. • Note that the provisions of the Statute are binding on all states,
even those who are not members of the UN, who accept this provision (opinion of Nguyen
Quoc Dihn and others). • The HI's also have called into question the provisions of Article
38 of the ICJ Statute.

According to JBG (p.153), the true sources of International Dto are: 1. International
treaties 2. The international custom 3. Unilateral legal acts of States (notification,
recognition, promise, waiver and protest) and HI's. • Instead, they are alleged sources: 1.
The general principles of Dto (it is the sources that removed the principle underlying them,
not the reverse) 2. The case law (contrary view has Jorge Miranda, the accept it as a
source of Dto, in particular by establishing international custom) 3. The doctrine 4. Equity
- Decision an equitable - resolution of the case by the criteria set by the applicator itself, in
view of the case - it is a decision tree.
However, Article 38 is criticized for being: 1. Ambiguous some of their formulations 2.
Above all, not to provide an exhaustive list of sources Formal DIP. For example, they are
not referred to the unilateral acts of States or the decisions of HI's. 3. Besides the aspects
mentioned in the previous lesson: • - the order • - how lists the sources • - not all are
sources in the proper sense • - mixture formal sources and material sources (or, if you
adopt the FDI concepts, immediate sources and mediate sources of law).

formal sources of DIP vs international legal standards How to distinguish them? •

Standards - by rules, understand the content, the substance of a rule drafted according to
the requirements "procedural" this or that formal source. • The same rule can come from
many different sources - eg. and treated usual. • Similarly, the same source can give rise to
numerous standards / very varied content rules - eg. a treated.
formal sources of DIP vs international legal standards • should particular speak up in
"standards customary "to distinguish custom as formal source. SOURCES OR HIERARCHY
RULES? • Nguyen Quoc Dihn and others - the problem of hierarchy is different if we are
talking about fonts or standards.

The principle is that, for the sources, there is no hierarchy in international disc. • Article 38
refrains from making any reference to a source hierarchy. • For example, to Nguyen Quoc
Dihn and others it is not possible to accept that the treaty is worth more than usual, or vice
versa
. 8 According to Nguyen Quoc Dihn and others, the fact that the formal sources are not
hierarchical no leads to the conclusion that there is no hierarchy between the legal rules. •
This hierarchy can be inferred from the relative degree of generality of the rules in
question or of its chronological position, for example. • Cv in Vienna on Dto the 1969
Treaties, clearly has clearly imperative nature of certain standards, so the higher-ranking
nature. • Are the rules of "jus cogens".
The belief that we have just analyzed is not the only one. Instead, Professor Philippa
Delgado as AGP and FQ longer accept that the sources of DIP can be hierarchical. However,
following the hierarchy proposed by Professor Philippa Delgado, assentaremos our
analysis in a hierarchy
standards
(Slide 14). • Foreword: • jus cogens , Article 53 and 64 of the Vienna CV - is a body of
mandatory rules that resembles the public policy of internal Disc. According to Cv
Vienna, these rules are such higher
to all the others that his disregard
determines null
the rules which conflict with them, while a breach of the rules simply mandatory only
gives rise to international responsibility of the offending State.

jus cogens - the doctrine has come to accept the following rules of jus cogens: 1. The
prohibition of the use of force in international relations; 2. The prohibition of the slave
trade, 3. The prohibition of genocide, 4. The prohibition of piracy; 5. The rules relating to
DTOs human and freedoms fundamental; 6. The right of peoples to self-determination and
equality; 7. The principle of equality of states 8. Many authors also argue that the rules of
peaceful coexistence are also ius cogens. • A large part of these mandatory rules contained
in the UN Charter itself. • The requirement generally accepted as a condition of validity,
seems to point to the solution to consider the ius cogens as formed by customary rules -
opinion of the majority of the doctrine. However, there are those who understand that can
arise by conventional means.

It is understood that, for the formation of a rule of ius

cogens
Just that it is emanating from a group of states enough representative gives Community
International
.•
Permitted in a ius cogens regional
which must be compatible with the ius
cogens universal
Under penalty of as conflicting rule, be null. • CV in Vienna, has centralized the power to
interpretation
the rules of jus cogens in Court
International Court of Justice, pursuant to Articles 53, 64 and 66 a).

1. In view of the abovementioned provisions of Vienna Cv about the mandatory nature of

ius cogens (article 53 and 64) 2. As well as the provisions of Article 103 of the UN Charter -
principle of the primacy of the UN Charter standards over all other
standards conventional
... 13

Hierarchy of international standards: 1. STANDARDS jus cogens 2. RULES OF THE UN

CHARTER 3. RULES OF CUSTOMS UNIVERSAL AND TREATED FOR-UNIVERSAL 4. RULES OF
CUSTOMS AND DISCUSSED REGIONAL 5. RULES OF BILATERAL TREATIES 6. UNILATERAL
ACTS (United eg. Promise, protest, resignation or HI's ex. resolutions or
recommendations) • The concept of "standard" include both standards and principles.
Their place in the chain is the same as the norm occupies.

After understand the distinction between standard and supply, as well as their ranking on
the international stage, we must begin by studying the CUSTOM as a major source of DIP.
Article 38 b) Status ICJ • The elements of customary international law are the same as
usual in the domestic dto: • Element material or objective ( corpus) • psychological
element ( animus)
Element material or objective (corpus) • Usage or practice reiterated • It consists in
repeating groups, constant and uniform a conduit • That is, whenever States or other DI
subjects are in a particular situation, all they practice or omit certain conduct or act, and
do it the same way. • This practice can result both of the behavior of state bodies as courts
or international organizations.
repeating • The custom base validity and use or practice, that is, repetition of a conduit
that gradually is being considered mandatory. • an immemorial practice of a certain
conduct by a significant number of subjects DIP so we can say there will be custom
necessary? There may be new custom? 17

It has been understood that the doctrine: The) A single approach is not sufficient to
establish a customary rule - need repetition for a certain period of time; B) Major
inconsistencies regarding conduct
prevent
forming the usual; w) lighter inconsistencies do not prevent their formation, although
more needed pipelines to be able to assert the existence of a custom; d) When there is no
evidence against the practice, one small number of ducts may be sufficient to
create
r, although such conduct involving only some States and has been short-lived; and) May
be formed in a short time. In short : To base the custom, the use must be followed by the
states every time you have the chance of that, and in a uniform manner.

b) The psychological or subjective element (the animus) - the conviction obligation. •

It consists of conviction
that, when adopting that behavior, if it is to act according to the law. This belief is called
the "opinio juris". • Logo - retire norms of customary law of the behavior of States.
Consequently, it is necessary to examine: • a) what States do • b) and why they do it. •
It should be noted that customary rules can either impose a should
r, as simply authorize
the State to act in a way. Thus, when imposing a duty, an obligation, there is that
"compulsory conviction." when permissive
, The clear state that does not have a
conviction of "obligation" but rather a conviction that the International Dto allows
a particular behavior.
Since the rules of international dto governing the behavior of States in their relations, do
not just look at what a state does or does not do: it is
necessary to analyze the reaction
other States to such conduct. • As the investigation of juris (conviction obligation) is not
easy, the ICJ has
held that, in
principle constant practice is accompanied by mandatory conviction. That is, it is a
rebuttable presumption (iuris tantum), since it is established that there is no such
obligation conviction, there will be usual.
How do you prove the existence of the custom (which is not easy)? Usually
refers to the following evidence
: • The. diplomatic practice • B. exchange of notes • w. government protests • d. collections
in jurisprudence of courts International and international organizations • and. doctrine •
THE legality
custom derives from the conviction obligation.
According to their spatial context, the custom can be: • The. general or universal - ex.
principle of freedom of the seas • B. private or regional - are those in force in certain
regions of the world, eg. in frica, Asia, Latin America, etc. • w. bilateral - bind only two
members of the international society, a real unspoken pact. Ex. Old custom between
Portugal and India, which attributed the dto passing in Indian territory to the enclaves
(practice).
The custom coding • Encoding - is the conversion of customary law in a systematic body of
written rules. • Two methods: • i. Method statement - note in writing the law in force in a
text without binding itself; • ii. Convention method - incorporate the right customary an
open convention to acceptance by States. • In recent years there has been a tendency to
encode this right through treaties . The rules tornamse clearer and more precise and new
Member States show a willingness to abide by rules to which they had participated.

However, it is necessary to distinguish the following: • i. custom coding - The customary

rules integrated into international conventions retain their nature of customary law. So as
these, States that have not bound by such agreements do not leave, so to be bound by
those rules, provided that they have not been developed or been changed, that is, since
the convention has been limited operating with its consolidation - that is, even states that
have not ratified or acceded to Cv remain bound by custom - ex. Cv Vienna on Dto the
Treaties • ii. custom transformation into treaty law - this requires states the exact terms in
which it is linked to Cv.

The costume plays a very important role, especially in filling out the conventional duty
gaps - see, in this regard, recitals of Cv Vienna, "stating that the rules of customary
international dto continue to govern questions not regulated in this Cv" . Your proof is
difficult, but this deficiency has been remedied by codified. So far: classic custom. vs
Costumes "wild" - it is new normative practices which resulted in the reversal of the
formation of the usual process, ie these: 1 comes the sense of legal obligation and only
then, gradually, will settle through practices among the subjects of international dto
consistent with this opinion juris previously stated.
4
International Treaties • Notion - Treaty - any agreement between two or more subjects of
DI, intended to produce legal effects and regulated by international law. • What sets this
source is Dto: 1. Your character plurilateral 2. The submission of the rules to DI 3. Their
conclusion between subjects of DI • Designation - Treaty, Convention, Agreement Letter
Statute, Compact, Declaration, etc. 2

The concept involves: The) A meeting of minds, you do not need to verify simultaneously
(we have a unilateral declaration of intent followed by acceptances); B) The parties have
to be all subjects of DI and must act in that capacity w) It should be regulated by
international law d) The production effects in relations International - any treaty creates
legal obligations borne by the parties on a mandatory basis.

ranking • As to the form: 1. Treaties written vs. oral - note that the Cv Vienna on Dto the
Treaties applies only to written cvs - article 2, No. 1 Al. a) 3 + article, introduction 2.
solemn treaties - are the ones who need to be ratified vs agreements in simplified form

Regarding the number of parts: 1. bilateral treaties - part two shares in its conclusion 2.
multilateral treaties - in its conclusion, attended by more than two shares. When the
parties to a multilateral treaty are large in number, give the name of Shared treated. • The
multilateral treaty will general if you want to contain the discipline of a somewhat matter
applicable to all members of the international community; otherwise it will be limited . •
note that one speaks of "parts" intentionally, because the part can either be constituted by
one SUJ DIP as sujs block by a DIP with similar interests, as opposed to another block DIP
sujs with conflicting interests - eg. They treated alone, separating the winners from losers
- bilateral agreement; ex. when on the one hand we have a HI (operating as Mess,
consisting of several member states) and on the other we have a state - remains a
bilateral treaty.

As for the quality of the parties • Clause 3 CV - Treaties between States - CV 1969 • vs
Treaties between States and IOs and treaties between HI's - the 1986 Vienna Cv • Treaties
law and treaties contract : 1. Treaties law - these are created general and abstract legal
rules, as with the internal normative acts. Result of the convergent interests of the parties
that emit a single beam of parallel wills in the same direction; 2. Treaties contract - are
similar to CTTS internal Dto - aimed at those situations where the interests of the
signatory states are different - eg. trade treaties. • critical - often, treaties have a hybrid
character.
Treaties open vs closed treaties: 1. Treaties open - admit the signing, ratification or
accession of subjects who did not participate in the initial time of celebration, negotiating
or signing - by definition, multilateral agreements should be opened . 2. closed Treaties -
opposite situation. 7

Agreements between States and foreign private persons • According to Article 1 of Cv

Vienna, this "applies to treaties between States." • However, your article 3 states that,
although not apply to therein relationships, it does not affect the legal force of such
agreements. • Be aware of yet to article 3 b), as an expression of customary nature of the
rules incorporated in Cv Vienna - the question of custom coded (last class). •
The States
often conclude agreements with people
private foreign, for example to purposes of provision of goods, services, exploitation of
natural resources (the paradigmatic case of oil exploration), public service management,
etc. - Contrats d'Etat .

These contracts are concluded by the Central State Administration, for the autonomous
regions, local authorities, public companies or any other persons of public law. • In turn,
these contracts can be presented as a Public Dto contracts (government contracts) or Dto
Private (civil or commercial). • What Dto governing these agreements? THE. classic
solution - these agreements are not treated. The state It is subject only to its internal Dto
and can only be judged by their national courts; B. The question of Article 2, paragraph 1 a)
of the Vienna Cv (these contracts do not fall within the notion of "treated") vs proviso of
Article 3 al. a) CV. W. conclusion - these contracts are not treated, but will them
It is increasingly applied to a DIP system So they may be called " quasi-treated

CELEBRATION OF INTERNATIONAL TREATY PROCESS STEPS: 1. Negotiation -

Plenipotentiary - 2, c) + 7 VC; lack of powers - 8 CV 2. Wording 3. Authentication -
adoption of the text - article 9 CV - in accordance with the intent of the negotiators - per -
article 10, b) CV -: i) signature; ii) signature ad referendum; iii) rubric - the signature can
immediately link the state - article 11 + 12 CV. 4. Ratification / acceptance / approval -
article 14 CV - act by which the competent body manifests the will of the State to plead
bound by the treaty 5. Exchange or deposit of ratification - article 16 CV 6. Deposit of the
treaty - article 76 and 77 CV 7. Accession - article 15 hp - The state that was not part of the
process Initial becomes later part 8. Implementation 9. Registration and publication - 77,
paragraph 1, al. g) CV + 102 UN Charter + 80 CV.
5
territorial application of treaties The case of Macau • Article 29 CV - if only we apply Article
29 of the CV, the conclusion would be that all treaties concluded by the PRC would be
immediately applicable in Macao. • However, as the LB is internal and hierarchically above
international treaties, in particular the CV ( article 1, paragraph 3 CC ) Must follow the
provisions of paragraph 1 of Article 138 of the LB , according to which: • "The application
to the MSAR of international agreements to which the PRC is part is determined by the
GOC (...) after hearing the opinion of the Government of the Macao SAR" - the opinion that
it is mandatory but not binding.

CELEBRATION OF INTERNATIONAL TREATY PROCESS • THE conclusion of a treaty It is an

operation that, as we have seen, involves several steps: 1. The adoption of the text 2. Its
authentication 3. The State's decision to be bound by the treaty 4. The international
notification of the decision 5. The entry into force of the treaty

Conclude a treaty is a state sovereignty attribute. But who celebrates the treaty on behalf
of the state ?? • Under the constitutional autonomy of the states, it is the respective
Constitutions in the general division of powers between the various bodies, determine
who is competent. • 1.Negociação • The first stage of the conclusion of a treaty process is
the one that determines its content. • Your formalities depend on it intervene two or more
States. 5

in treated bilateral negotiations are usually conducted by the Ministers of Foreign Affairs
or diplomatic agents possibly assisted by technicians or experts. • in treated multilateral ,
Negotiations usually take place at meetings
(congresses or conferences) where participate all negotiators
Forming delegations
of the respective States. • Negotiators of international treaties are called to
plenipotentiaries and, in general, They are enabled with full powers Ie, sufficient powers
to direct and conclude the negotiations - cf article 7 CV. • These powers are contained in
charter Which is a special document that gives full powers to plenipoteciários.

• full powers - article 2, c) CV - "document from the competent authority of a state that
indicates one or more people to the (State) represent: • negotiation, adoption or text
authentication of a treaty, • To express consent to be bound by a treaty • Or perform any
other act that refers to the treaty " 7
Therefore, the right to negotiate treaties Emission results from full power by
constitutionally competent organ, saved in the cases referred to in Article 7, paragraph 2
CV: 1. Heads of state 2. Heads of Government 3. Foreign Ministers 4. diplomatic mission
chiefs under al. B) 5. Accredited representatives of States, under al. w). • Finally, there is
the mention that during the negotiations, the draft texts are submitted to discussion,
causing amendments, counterproposals or both.

2.Redacção • After the negotiation, comes the stage of drafting the written text of the
treaty, in the form of pleading. • Treaties are drawn up in as many languages of the
signatory States. • Once drafted, the text usually has the following form: 1. Preamble -
which indicate the contracting parties, the place and determining reasons negotiation; 2.
Device treated or body - comprised by articulated and final clauses; 3. attachments -
technical provisions to avoid the "heavy" aspect of the treaty appear at the end, separated
the rest of the text.

3. Authentication • THE adoption of the treaty text marks the end of preparation. • The
adoption breaks down into two distinct operations: 1. text attachment - means that the
negotiations ended and the negotiators consider acceptable text;
2. Authentication
- procedure of declaring that the written text corresponds to the intention of the
negotiators and who consider it definitive. An authenticated text can no longer be
modified (Article 10, introductory words CV). • Under article 10, b) VC, Authentication can
be done in three ways. Per: • Signature; • signature ad referendum; • Rubric.

signature - when the dealer is provided with full powers to sign. It is the normal and
traditional form of the text authentication of a treaty. • Reflects the solemn and firm
promise to be bound by the Treaty. • Usually it does not mean that the state agrees to be
bound by the treaty: only that intends to do so (which, as a rule, occurs in the following
time of ratification). However, exceptionally signing longer means the State's consent to
be bound by the treaty, in the cases of Article 12 CV. • The signature can be done in three
stages: 1. At the close of negotiations; 2. At a later date set by the agreement; 3. At any
time subsequent to the adoption of the treaty - for example when joining gives the same.

signature ad referendum or deferred signature - is the signature made by the

representative of the State has no power to this act. Therefore, authentication is subject
to later confirmation that will be made when you are granted the necessary powers. • That
is, the signature only becomes final after confirmation.
• caption - is the opposition of the initial state representative in the text of the treaty, to
be followed by the signing of a delegate with full powers for that purpose. • This form is
used when negotiators interrupt the negotiations to submit text of the treaty to the
examination of their government, consulting (previously) on the acceptability or
otherwise of the text
negotiated
. The authentication of a treaty creates for the Contracting State a general duty of good
faith - article 18 CV - that is, the State must refrain from acts which would defeat the
treaty its end. • But attention! Explains Professor Philippa Delgado: • Article 18 (principle
of good faith): O Does not provide that the Contracting State be obliged to respect the
substantive provisions of the treaty - as this would mean that that State would have part
the treatise, that is not . O The article only provides that when a state signs a Treaty, can
not adopt a behavior that empty of any substance to its further commitment of when they
should express their consent to be bound.

4.Ratificação • Not always the text authentication is simultaneously the will of

manifestation of consent to be bound by a treaty (instead, so it will be as provided in
article 12 CV). • According to article 11 CV " the consent of a State to be bound by a treaty
It can be manifested by: 1. Signature - article 12 2. Exchange of instruments constituting a
treaty - article 13 3. Ratification, acceptance or approval - article 14 4. Accession - article
15 5. Or by any other means agreed "

We treated solemn As we saw above, signed text worth only as TREATY PROJECT. • O
legally binding signature is only to shorten the
negotiations
and put the states in the situation can only accept or reject the text, as it was signed, can
not introduce you more modifications (Article 10, introductory words CV) - in addition to
good faith provided for in article 18 o. • In these cases, the text of the treaty only becomes
mandatory after solemnly approved by state bodies (internal) with competence to do so
within the limits of their own Dto Internal, especially your Dto Constitutional. • That
internal act of approval is called RATIFICATION .

Ratification - act by which the competent body - the Head of

state
, According to the Dto Const. of each State manifests the will of the State to declare
required in relation to the provisions of a treaty . It is reserved for solemn treated. • Cf.
Article 2, paragraph 1, al. b) CV. • In practice, ratification takes the form of a document
published in the Official Gazette of the State (the call ratification letter ) Which reproduces
the full text of the treaty.

5. Exchange ( in bilateral agreements ) Or tank ( in multilateral agreements ) Of

ratification - article 16 CV • Exchange of ratifications - the competent institutions, usually
the NAM, give up mutual understanding that ratification has taken place and your date -
this exchange is confirmed by the minutes. • ratifications deposit - is the communication
of ratification to the depositary - the MNE of a State previously chosen for this purpose, or
the secretary of a HI - which are responsible for giving notice to all signatories of
ratifications made. • Thus, each signatory is only one submission - sends the instrument of
ratification to the depositary.

imperfecta (or irregular) ratification - it is one where there is not complied with the
procedures defined by the internal state ratifying DTO. • Consequence - article 46 CV - as a
rule, the imperfect ratifications can not serve as a basis to States not to comply with the
international treaties to which they have been parties saved when the violation of the
provisions of its internal dto be manifest or notorious - that is, when it is objectively
evident to any State acting as normal practice and in good faith. • Thus, we found a
balance between safeguarding the security of international relations and respect for
fundamental provisions of the Internal Dto States.

Acceptance or approval - article 14, paragraph 2 CV - consist in any manifestation of the

state's willingness to be bound by the treaty, which can be expressed by any state agency
with jurisdiction to compel internationally, in accordance with national law, which does
not correspond to the above described ratification. • Ie ratification emanating from the
Head of State, as a rule the PR. • Acceptance - bilateral agreements • Approval - usually
treated multilateral

Exchange of instruments constituting (JBG, 253 p.) - 13 CV - reciprocal delivery texts,

signed by both parties on behalf of their grantors subject. • Accession - article 15 CV - legal
act by which a State which was not party to a treaty declares itself bound by its
provisions. • That is, is the act whereby the not a signatory state a treaty concluded
between other States, becomes part of it, whether or not taken part in the negotiations.

Implementation - article 24 and 25 CV - so that the provisions of a treaty become positive

law and part of the international legal system, it is necessary that the conditions for its
entry into force are met. • There are several possibilities in CV. 1. As a rule, a treaty enters
into force in fixed date at the its provisions or agreed by the parties. 2. Failing that, enter
into force as soon as all States who participated in the negotiations expressed their
consent
to be bound by the treaty. 3. But in terms of article 25 CV, a treaty apply provisionally
before its entry into force. 4. It should be noted that Article 55 provides that CV " unless
provides otherwise, a multilateral treaty does not terminate by the mere fact that the
number of parties falls below the number necessary for its entry into force ".

Registration and publication - 102 UN Charter • ratio - aims to combat the existence of
secret treaties and secret diplomacy with the dangers to international security that this
entails. • Establishing yourself as well, the principle of open diplomacy, controlled by
public opinion. • Failure to register - consequences - entails the unenforceability of the
treaty to the United Nations bodies. • See article 80 CV.

Special features of the process of concluding multilateral treaties • Negotiation : The)

collective bargaining, made at an international conference. B) Text adopted by a majority
of 2/3 - article 9, paragraph 2 CV. w) Or within a HI, through a permanent his body. d)
There is usually no way to signing and is called the act by which fixes the text of the
adoption of the treaty.

• Subscription and adhesion deferred : The) closed treated - only admit the participation of
members originating; B) Treaties open - admit the participation of contractors different of
original members. • We treated open , The participation of those non-signatory States may
be given a deferred signature or accession. • deferred subscription - It is one that occurs
before the treaty enters into force; in other words, say that this state "picks up the coach" the conclusion
of the treaty process when it is not yet complete and carry out the steps necessary to become a member
thereof; • Accession - occurs when the state immediately expresses its consent to be bound by the
treaty, which occurs when the treaty is already in place.

Special features of the process of concluding multilateral treaties • Accession (Cont.) - as

explained by Professor Philippa Delgado, as membership is not signing preceded (previous slide), the
State Internal Dto require some previous internal act, such as parliamentary approval, then this act must
take place before the Act of Accession State to the treaty (ie, before sending the instrument of
accession). • Note A State may adhere subject to ratification - when this happens, the depositary
should take into account that the state does not express a definite willingness to join, but a mere
intention to accede (whose legal effect is identical to the signature of a solemn treaty).

Special features of the process of concluding multilateral treaties • Accession (Cont.) - as

explained by Professor Philippa Delgado, as membership is not signing preceded (previous slide), the
State Internal Dto require some previous internal act, such as parliamentary approval, then this act must
take place before the Act of Accession State to the treaty (ie, before sending the instrument of
accession). • Note A State may adhere subject to ratification - when this happens, the depositary
should take into account that the state does not express a definite willingness to join, but a mere
intention to accede (whose legal effect is identical to the signature of a solemn treaty).

Reservations - Article 2, paragraph 1, al. d) 19 - 23 CV • Linking a State to a multilateral

treaty it is facilitated by the possibility that this has to make reservations. • Before a treaty
whose object, purpose and content suit you, but it contains some provisions which do not
agree, a State may take one of two positions: The. Or not part of the treaty; B. Or, not
rejecting the treaty, consent to be bound by me but leaves course, while excluding from its
commitment to the provisions that do not agree; or makes it clear that, as far as he is
concerned, these measures have a particular meaning. 5

Or, not rejecting the treaty, consent to be bound by me but makes clear, while excluding
from its commitment to the provisions that do not agree; or makes it clear that, as far as
he is concerned, these measures have a particular meaning if so, It says that the state
makes reservations to those provisions . • You can do this? Does the CV authorize this kind
of behavior by states before a treaty?

• reserve - it is a unilateral declaration made by a State at the time of acceptance of a

treaty Of their desire to exempt of certain obligations arising or set the understanding
giving some or all of these obligations. • Thus, this statement is intended to: 1. Exclude the
application of a provision of the treaty; 2. Modify a certain direction of a disposition; 3.
Assign a sense a provision. • Read article 2 d) (definition) + CV 19.ºproémio.

That is, the reservation is a unilateral way to limit the effects of a treaty. • Reservations
are not confused with the interpretative declarations - through these,
the part that the formula comes only to complete
the achievement of a certain
provision of the treaty, deepening
the meaning or clarifying
the interpretation given to that provision. ↓ • In other words, its aim is not to exclude or
limit the application of a provision of the treaty, but only to clarify its meaning.

bilateral treaties The reservation made by a state equivalent to ratification or rejection to the proposal of
a new text for the treated. If the other party accepts the reservation, modify the text of the treaty; if no
accepted, is not formed according the wishes and there is untreated.

multilateral treaties The reserve is a feature of these treated. Procedure laid down in Article 20 CV
regarding the acceptance and objection, the effects of which are set out in Article 21 CV.

Reviews reserves the possibility of being formulated: 1. Modifying the treaty; 2. Violate
their integrity; 3. Disturb its balance; 4. Fragmented his regime. • However, the truth is
reservations facilitate the acceptance of treaties and may have more States Parties to it.

In multilateral treaties, the formulation of reservations often results from the state that
have been put in the minority in the final vote on a particular provision. MOMENT TO BE
MADE A RESERVATION Article 2, d) + 19 CV: 1. On signing - has the advantage of being
immediately known by the Contracting States at the time when the treated is completed;
2. At the time of ratification - is made when depositing its instrument of ratification. As it
appears at a later time, other states can not immediately accept it or reject it; 3. At the
time of adhesion - arises when the treaty is already final to the United originally grantors.

Formulation booking Article 19 CV • If there is no formal ban the reservation in the treaty
itself ( ex. article 120 Rome Statute of the ICC ), Ie, where the treaty is silent in this
regard (silence), the general rule is that the reservation is permitted (Article 19). •
However, the CV requires, in article 19, certain conditions - namely, the reservation can
not be contrary either to the object or the purpose of the treaty (c al.). • THE according to
the object and purpose of the treaty It is appreciated by each state that if considered, may
object to the reservation, expressly and in writing (Article 23, paragraph 1 CV). 12

What is the deadline for statehood objected to the reservation ? • R .: article 20, n ° 5: 1. or
within 1 year after the date on which it received the notification a State made a
reservation if the objector State has already expressed its willingness to be bound by the
treaty; 2. or immediately at the time it expresses its consent to be bound by the treaty (in
any form) if you do after that State has made a reservation. • Note : If the state not object
within the period specified in Article 20, paragraph 5 CV, you agree tacitly that
reservation.

special cases - article 20, paragraphs 2 and 3 CV: THE. 20 paragraph 2 CV - unanimity rule
- in the case of a limited treaty or result of the object or purpose of the treaty that all
States shall accept the reservation made by any of them, so that the treaty can be applied
in full to all parties is necessary that all states accept the booking. B. 20, No. 3 CV - "When
a treaty is a constituent instrument of an HI, and unless otherwise provided, the
reservation requires the acceptance of the competent organ of HI".

booking conditions of validity • formal requirement - reservation should always be

expressed and formulated in writing (23, paragraph 1) • temporal requirement (19,
introductory part - seen in previous slide) • Material requirement : 1. No opposition to the
object / the treated end (19 c) 2. Which is accepted by the Contracting States - acceptance
can be or tacit (20, Paragraph 2, Article 20, paragraph 5 and 23, paragraph 1).

Objections to reservations • Objection to the reservation = Opposition to the reservation. •

It must be in writing and notified
to the Contracting States (23, 1); • Term (seen above) - 20, paragraph 5 • Article 20, 4, b) -
the objection to the reservation does not prevent the State making the reservation to
become part of the treaty. • In fact, for a State to formulate a reservation to become part
of the treaty, just as the booking is accepted by at least one state (20, 4 - c). • What
happens is that the State which objects to the reservation may not want the treaty to
enter into force in the relations between themselves and the State author of the
reservation; but the treaty is in force between them and all other countries (except the
author of the reservation) and between the State author of the reservation and all the
others who have agreed to be part of the treaty with him - 20, 4 b) + 21 3 CV.

7
Objections to reservations • Objection to the reservation = Opposition to the reservation. •
It must be in writing and notified
to the Contracting States (23, 1); • Term (seen above) - 20, paragraph 5 • Article 20, 4, b) -
the objection to the reservation does not prevent the State making the reservation to
become part of the treaty. • In fact, for a State to formulate a reservation to become part
of the treaty, just as the booking is accepted by at least one state (20, 4 - c). • What
happens is that the State which objects to the reservation may not want the treaty to
enter into force in the relations between themselves and the State author of the
reservation; but the treaty is in force between them and all other countries (except the
author of the reservation) and between the State author of the reservation and all the
others who have agreed to be part of the treaty with him - 20, 4 b) + 21 3 CV. 2

The purpose of reservation, acceptance and objection to reservations Acceptance of the

reservation by the other Contracting States: 1. If the reservation is accepted by all other
contracting States, State which made it become part of the treaty, which enters into force
for all States - 20, paragraph 4, a). 2. Consequences - 21 paragraph 1 a) - In the relations
between the State making the reservation to the States which have accepted the treaty is
modified in accordance with the reservation; 3. Among all other states to each other, in
that it also have not made reservations, the treaty remains as it was originally - 21
paragraph 2 CV. 4. If the reservation has been accepted only by some States and which
objection by
others
The effects are those between the State author of the reservation and those who accepted
it. Left out those who opposed the reservation.

The purpose of reservation, acceptance and objection to reservations Objection to the

reservation by some Contracting States: THE. If objectors States to express unequivocally
that the reservation precludes the entry into force of the Treaty, it shall not enter into
force between the objectors States and the State making the reservation - 20, No. 1, b) -
2.ªparte CV. •
Consequence
- in this case, the treaty: 1. On the one hand, enters into force between the States which
have not made the reserve; 2. And between the State author of the reservation and the
States accepted reserve (previous slide). 4

The purpose of reservation, acceptance and objection to reservations Objection to the

reservation by some Contracting States: B. If objectors States do not oppose the entry into
force of treaty, it shall enter into force among all objectors States and the State making
the reservation. • Result - in this case, the provisions on which the reservation does not
apply between those States - 20 paragraph 1 b) 1.ªparte + 21 3.

Effects of booking between contractors bedsteads than formulated • In this case, the
reservation does not produce any legal effect between those states - 21, paragraph 2. •
The wording of the reservation and the objection are not definitive, and can be revoked
unilaterally - 22. However, they must be notified to take effect. • A reservation may be
reduced in order to reduce their effects or reach.
8
The treaty takes legal effect only when it is legally valid . • Analysis conditions of validity
of the treated - 3: The) Ability of the parties B) Regularity of consent w) Permissible object

Ability of the parties: • Only subjects DI assets have capacity to enter into treaties, such as: 1. The
states 2. The HI's 3. The Holy See • Article 6 CV - throughout the state has the capacity to
conclude treaties. • The inability of a state can only result from a previous treaty, such as
the State is a protectorate situation that may limit the international capacity of the state. •
Treaty by a subject without international legal capacity - null.

Regularity of consent: • formal irregularities • substantial irregularities i. formal

irregularities - concerning the competence and procedure for conclusion of treaties. The) Art.º8.ºCV;
B) Ratifications imperfect - article 45 - relative nullity: the State You can remedy this error by further
confirmation; or the case of Articles 27 → 46.ºCV; w) The case of special restriction on power given to
a representative a state - 47.ºCV article.

substantial irregularities: • ERROR - article 48.ºCV • Both can treat yourself to an error of fact
(eg. Demarcation of a border) or error of law (eg. The assumption be subject to the compulsory
jurisdiction of the ICJ).
Article 48, paragraph 1 - " A State may invoke an error in a treaty as having addict
their
consent to be bound by the treaty if
the error related to a fact or a situation that State supposed
exist at the time the treaty was concluded and it was a essential basis the consent of that State to be
bound by the Treaty ".

the relevance of error requirements : • According to Article 48, paragraph 1 of the CV, retires at the
outset that the error should be essential . That is, the error must have consisted of the main reason's
consent. It should be decisive. It was not the error, the state would not have expressed their
consent to be bound by the treaty. • still prays paragraph 2 of Article 48 that " paragraph 1 of this
Article shall not apply if the State concerned has contributed to the error with your conduct or if the
circumstances were such that he must have been aware of the possibility of error ". It follows from this
that the error has to be excusable. • Example of Error excusable - a border demarcation treaty whose
agreement was manifested on ummapa wrong. • Consequence : • nullity relative - because it can only
be invoked by a party that is the victim. • Note: the error wording of the treaty does not affect its validity,
giving rise only to rectify - art.º48.º, paragraph 3 + 79.ºCV.

Guile- article 49.ºCV •

"If a State has been induced
to conclude a treaty for the conduct
fraudulent
another State which participated in the negotiation, may invoke the fraud as invalidating its consent to
be bound by the treaty " • The intent matches the conscious will to mislead on a subject or a key aspect
of the treaty. • It is an error caused (slide ff.). • Elements intentionally - 3: 1. material element -
fraudulent behavior; 2. psychological element - intention of causing the error, or to deceive others and
negotiating 3. Result - consists of concrete obtaining the consent of the other parties. These are acting
to deception because of the fraudulent conduct of the first. It was not inflict this deceit (fraud), they
would never have given his consent.

Note - The fraud and error are distinct and different effects addictions. • Whenever there is deceit, no
mistake. • But whenever there is error, there is not necessarily fraud. • Consequence of the treaty with
intent: • Also it is a relative nullity Because the victim also only can invoke or can remedy (expressly or
impliedly) addiction - see the wording of Article 49 itself - the state victim's who "can" invoke the fraud.

CORRUPTION - article 50 CV • "If the manifestation of the consent of a State to be bound by a treaty
has been procured through the corruption of its representative, made directly or indirectly by another
State that participated in the negotiation, that State may invoke such corruption as invalidating its
consent to be bound by the treaty " • We are facing an act of corruption whenever the representative of
a State internationally prefers to the interests of his state to enforce the interests of another State by
virtue of having been made an offer or any other illegal advantage. • nullity relative - only the state
whose representative has been corrupted can rely on it. • To attribute this addiction to a state, just as the
act that gives rise to it emanates from a person who acts on behalf of a State or under its control.

Coercion against a representative of a State - article 51 CV • "The manifestation of the consent

of a State to be bound by a treaty obtained by coercion of its representative through acts or threats
directed against him, is devoid of any legal effect." • The representative of the State was compelled to
make a statement that would not do if it were not the threat or use of force against him or the people in
your family. • absolute nullity - the so obtained is treated lacking any effect.

Coercion against a State - article 52.ºCV "The treaty is void if its conclusion has been procured by
the threat or use of force in violation of the principles of international law enshrined in the United Nations
Charter" • Article 2, paragraph 4 UN Charter - prohibits the threat or use of force in any manner
inconsistent with the objectives of the Charter. • absolute nullity - the so obtained is treated lacking any
effect. 11

Lawfulness of purpose- article 53 + 64.ºCV "Is void the treaty at the time of its conclusion, it
conflicts with a peremptory norm of general international law (...)" • Hierarchy DIP standards - treaties
can not contain incompatible standards with the standards of ius cogens . • absolute nullity - the so
obtained is treated lacking any effect.

Articles 65, 66 and 67.ºCv Vienna - carefully read. 1. part who wishes to invoke the nullity of the
treaty should notify The its claim to the other parties - 65, paragraph 1; 2. It does not set any deadline
expiry for the year this right; 3. Right exclusive party - so a third State can not rely on addiction, even in
the case of absolute nullity. 4. The claim referred to in point 1. objection may be targeted of other parts
of the treaty - 65, paragraph 2; 5. What to do in case of objections to the plea of nullity? 6. R .: 65,
paragraph 3 CV - it is necessary to resort to peaceful means of conflict resolution set out in Article 33 of
the UN Charter - negotiation, inquiry, mediation, conciliation, arbitration and judicial solution. 7. Cont.

Cont. 1. What happens if the parties fail to reach a solution , within 12 months In cases where there has
been objection under Article 65, paragraph 3? 2. A .: 66.ºCV article: The. absolute null cases due to claim
the contradiction of treated to a norm of jus cogens - where the parties have not agreed to submit the
case to arbitration, the nullity may be invoked unilaterally before the International Court of Justice (ICJ);
B. other nonentities - the dossier is submitted to conciliation in accordance with the specific procedure
laid down in Cv of Vienna.

Can it only be canceled / declared void part the treaty? • A .: As a rule, do not - principle of the
indivisibility of the treaty - Article 44 paragraph 1: ↕ " The right provided by treaty or resulting from
Article 56.ºde a Party denounce the treaty of withdrawing or suspending its operation can only be
exercised in relation to the treaty as a whole, unless it provides or the convenham Parts otherwise ". •
However, the divisibility of the treated is allowed when there are few cumulative conditions (slide ff.):

However, it allows the divisibility the treaty when there are few cumulative conditions - Article 44,
paragraph 3 CvViena: a) These provisions are separable the remainder of the treaty with regard to their
implementation; b) resulting from or be treated otherwise stated the acceptance of those clauses did not
constitute for the other party or other parties to the treaty an essential basis of the consent to be bound
by the treaty as a whole; and w) is not unjust continue to fulfill what subsists treaty.

Professor Philippa Delgado: i. In the case of ( error ) deceit and corruption the state representative
- the State may choose to argue the total or partial invalidity ; ii. In cases of coercion or convention is
incompatible with a standard ius cogens - can only be invoked nullity of any treaty .

Consequences of annulments international treaties - Article 69 and 70.ºCV: • Article 69, paragraph 1,
2.ªparte " The provisions of a void treaty have no legal force ". • However, when acts were committed on
the basis of the treaty, that is, based on zero provisions, article 69 paragraph 2 that: a) Any Party may
request any other Party to restore as much as possible in their mutual relations, the situation that would
exist if these acts had not been performed ; B) Acts performed in good faith before the invalidity was
invoked, do not become illegal just by virtue of the nullity of the treaty.

Consequences of annulments international treaties - Article 69 and 70.ºCV: Article 70, paragraph 1 of the
CV - following the expiry of a treaty consequences: 1 - Unless the treaty or the parties to the contrary,
the fact that a treaty has ceased to be in force, in accordance with its provisions or this Convention: The)
Releases the parties from any obligation further to perform the treaty ; B) without prejudice any right,
obligation or legal situation of the parties created through the execution of the treaty prior to its
termination.

Consequences of annulments international treaties - Article 71 CV: i. When the result of the nullity of the
treaty opposed to a standard ius cogens, the parties are obliged to eliminate as far as possible the
consequences of any act performed in reliance on provisions that are contrary to a rule of ius cogens and
to make their mutual relations in accordance with such standard. ii. If such a rule of ius cogens is later
than the conclusion, this implies the termination of the contract.

9
There are some ba sicas rules in terms of compliance with treaties: 1. Article 26 CV - the
treaty should be implemented in accordance with the principle of good faith - States
should refrain from reducing to nothing its purpose and its end. It is defined as the
performance that excludes any attempt to divert - requires fidelity and loyalty to
commitments. 2. Article 28 CV - except as against River, a treaty does not applies
retroactively. 3. Article 29 CV - territorial application of the treaty - however, This principle
must be reconciled, in the case of Macau, with the laws of nature higher as is the case with
Article 138, paragraph 1 of the LB (on the applicability of the Macau agreements to which
the PRC is part).

TREATED SUCCESSIVE OVER MATTER THE SAME • Being except the superiority of the UN
charter, what happens if states are parties to successive treaties on the same maté
laugh? • A .: Art.º30.º- sets a priority order: 1. Article 30, paragraph 1 - the rules of a
treaty against the holiday s standards the UN Charter give way before them; 2. Article 30,
paragraph 2 - the treaty itself (. The former Treaty) sets that is subordinate to an earlier or
later treaty (ex. B Treaty), the provisions last test (B) (the previous or later) prevail over
that treaty (A). Treated often fix their order of priority, in order to make clear its
compatibility with the other (s) - this is called the statements "statements in
compatibility". 3

SUCCESSIVE TREATED ON IT MATTERS (cont.) • Article 30, paragraph 3 - ALL OF BOTH

PARTIES COVERED SÃ The EQUAL: " When all parties are also treated the previous parts
on the rear treated, without previous treaty has ceased to be effective or without the
application has been suspended under Article 59, the above treaty applies only to the
extent that its provisions are compatible with those of the later treaty " • As Professor
Philippa Delgado explains, this is about the manifestation of the lex posterior principle
derrogat lex priori. • If one of the two treated for other special face; it is not exactly the
same would Maté, the particular prevails over the general unless expressly result of
subsequent treaty parties would revoke the previous treaty. 4

SUCCESSIVE TREATED ON IT MATTERS (cont.) • Art.º30.º, paragraph 4 - DO NOT THERE

IN THE TREATED PARTS OF IDENTITY: " When the parties to the earlier treaty are not all
parties to the later treaty: a) In the relations between states pieces treated on both the
standard set out in paragraph 3 is applied - that is, the rules apply to the second and first
treated only if they are not inconsistent with the second treated; b) As between a State
Party to both treaties and a State party to only one of them, the treaty to which both
States are parties governs their mutual rights and obligations "- be it the first and the
second treaty. 5

EFFECTS OF TREATED - treaties and third States • Article 34 - the principle of relativity of
treaties - "a treaty does not create or obligations or rights for a third State without its
consent." • Manifestation of the Latin aphorism Pacta tertii nec nocent nec prosunt -
agreements do not benefit or harm third parties. • However, "there is no rule without
exception"! (Ss slide).

Exceptions to the rule of article 34.ºCV: • Article 35 + 37 hp - the obligation IONS of a

treaty may only be imposed on a third country based on a collateral agreement whereby it
expressly accepted these obligations. • In other words, we have treated the initial + a side
agreement between the third state and the group of States parties to the original treaty. •
Therefore, and as is clear from Article 37, paragraph 1 " when a
obligation
has arisen for a third State in accordance with Article 35, the obligation may be revoked or
modified
with the consent of the parties to the treaty and the third State, unless otherwise agreed
upon ".

Exceptions to the rule of article 34.ºCV: • Article 36, paragraph 1 CV - treaties that provide
for third countries RIGHTS:
" A provision of a treaty gives rise to one right
to a third country if the parties to the treaty intend to confer this right through this
arrangement, the third State, or a group of states that it belongs, or to all States, and the
third State assents thereto. It is presumed consent as there is no indication in against
river, unless the treaty provides otherwise "
Exceptions to the rule of article 34.ºCV: • The most-favored nation - another way to be
granted rights to third parties with your consent. • Ex .: The first treaty (AB) provides that
a later treaty (eg between A and C) that has more favorable provisions will be immediately
applicable and benefit B, third State address this second treaty consented this benefit
during the first treaty ( AB).

Interpretation à TREATY Article 31 ff. CV "Article 31 General rule of interpretation 1 - A

treaty shall be interpreted in good faith in accordance with the ordinary meaning to be
given to the terms of the treaty in their context
and in the light of its object and purpose " • Interpret - means clarifying the meaning and
precise content of a rule applicable to a given situation. • What is the interpretation? A .:
This seeks to clarify the will of the parties - it is the real intention of the parties (and not
the mere will objectified in the treaty text)

The drafting of a treaty process requires the involvement of individuals go holiday from
the start of negotiations at the time of declaration of will of States to vincularse by the
treaty. • Daíque is complicated to interpret the will of the States, as this is expressed
through individuals. • The interpretation aims to reconstruct the will of UNITED, as legal
persons, and not the psychological will of individuals who only involved as representatives
of States, as vehicles of manifestation of the will of the latter.

authentic interpretation - which is provided directly by the parties; • not authentic

interpretation - which is provided by a third party. • If the same parties which intervened
at first treated conclude a second treaty in order to interpret the first, this interpretation is
binding. It is a case of authentic interpretation - Article 31, paragraph 3, a) CV. • Another
situation is where interpretation would obrigató for the parts is one in which the same is
performed by ICJ. • In fact, Article 36 of the ICJ Statute, the Court has jurisdiction to
interpret a treaty. If you do, the decision would obrigató becomes except between the
parties, in accordance with Article 59 and the decision is final, according to article 60.ºdo
Statute.

As almost authentic interpretation, we refer to that under Article 31, paragraph 3, al. b) CV
- under this provision, it takes into account how the treaty has been performed by the
parties - it is a tacit interpretation. • It should also be mentioned that: The. If the
interpretation is from a rgão internal state with O intended for internal application, this
interpretation is only obrigató laughed in domestic law; B. If the interpretation is derived
from O International BESI, only becomes obrigató laughed in accordance with the
competences of these O BESI in headquarters of supranational organizations.

Under Article 31, paragraph 1 CV interpreting treated it should be made according to good
faith. This implies that: 1. Is assigned to the treaty the full sense that results from the
intention of the parties - is called the rule of effectiveness of treaties. These can not be
emptied from the initial desire that the parties declared to celebrate the treaty. 2. Article
32 al. b) CV - all the interpretation which leads to absurdity should be rejected. 3. Article
31, paragraph 1 - the treaty shall be interpreted in accordance with its end - purposive
interpretation (i.e. purposive interpretation element).

literal element - it is the starting point of interpretation. Words must be taken in its
ordinary sense, but the results are not decisive. 2. systematic optical element - integrating
the provisions in context - Article 31, paragraph 2 CV - meet the articulated preamble,
attachments, any other instrument related to the treaty. 3. rich christmas story element -
meet the preparatory work of the treaty rivers; 4. logic element - presumption that all
provisions of the treaty complement each other and it is possible to interpret them
through some of the other (current logic); 5. narrow and broad interpretation - in DIP
doctrine, as the Professor Philippa Delgado, there are doubts that these interpretative
results can be used.

The cessation à OE suspended TERM TREATY • The termination differs from the
suspension. THE. Cessation à - the treaty will definitely lose the validity and capability to
produce its effects; B. The suspended - only the treaty expires temporarily back into effect
as soon as it ceases the reason which led to the suspension.

CAUSES OF cessation à TERM TREATY Article 54 ff CV Article 54: "The expiry of a treaty or
the withdrawal of a party (equivalent to termination of a multilateral treaty by a of parts)
(..) " • Agreement of the parties • If the treaty is, as we have been stressing over the last
classes, a meeting of minds, the normal process for quenching is another treaty where the
part expressly affirm their decision to desobrigarem the initial treaty or which provide for
against holiday provisions to the first - Article 54, al. b) CV. • Cessation treated by this
process is called REVOGAÇ Ã . • In conclusion - the withdrawal may be expressed (1
position) or tacitly (2nd situation - the treated later on it would Maté under Article 30,
paragraph 3 CV). • Revocation may also be total (ABROGAÇ to O) or partial (Derogation Ã).

cessation à TERM TREATY Article 54 ff CV • Can a bilateral revoke a multilateral treaty? •

A .: Article 41, n. 1 CV - applies to the modification to the multilateral treaty and applicable
by analogy to cases of revocation: "Two or more parties to a multilateral treaty may
conclude an
wake up
whose object is to modify the treaty only in their mutual relations: a) If the possibility of
such a modification is provided by treated; or b) If this change is not prohibited by the
treaty and: i) do not affect the enjoyment by the other parties of the rights arising out of
their treaty or the performance of their obligations; ii) concerns a provision derogation
from which is incompatible with the effective execution of the object and the end of the
whole treaty "

Expiry of the treaty - if the treaty has not provided effective for a certain period of time
and this has elapsed or when there is full implementation of the treaty. It can
still happen that the treaty has provided one condition
Resolute laugh which, verifying, makes it ceases to be in force. ↕ Article 54 al. a) CV

previous definitions: • Renounce - unilateral declaration of a party to a treaty in which

states that it does not wish to continue to benefit from
benefits
that will result from this treaty. It may be express or tacit, when one party fails to exercise
the rights deriving from the Treaty. • Complaint - unilateral expression of will of a State to
unlink
a treated; • Recess - It appears when one party denounces a treaty
multilateral
. • Answer Article 56.ºCV. 20

Denunciation and renunciation - decision unilateral

party • The extinction of the obligation of treated only exceptionally can be seen by
unilateral declaration of a party. • Denunciation is a unilateral manifestation of will by
which one party states detached from the treaty. • THE COMPLAINT may be regulated or
unregulated - the first is expressly or implicitly provided for in the treaty. The second is
not.

THE COMPLAINT may be regulated or unregulated - the first is expressly or implicitly

provided for in the treaty. The second is not. • According to Article 56, only the regulated
termination is lawful. • The unregulated complaint may be effective, but does incur the
State to use in responsibility
International
.
denunciation of the effects: • The complaint does not always imply the termination of the
treaty. • This is because in the case of a multilateral treaty, it only expires for the
complaining party - it is technically the recess . 23

Excess CERTAIN EVENTS • War - war implies the total alteration of normal conditions of
international life and disruption of international relations between the belligerents. •
Therefore, it is a cause of termination of treatment. • Unless: 1. The treaty specifically
provide for continuity in the event of war; 2. Treaties for war prisoners situations,
wounded assistance, employment prohibition of certain weapons remain in force as they
were precisely designed for cases of war; 3. Collective treaties involving the Warring
States and neutral State remain in force for the latter.

She gave birth to rebus sic standibus - means an essential change in the actual
circumstances in view of which the treaty was concluded may determine its termination or
at least affecting its strength would obrigató. • however: • This rule applies only in very
exceptional situations. • Article 62 CV - this clause can only be invoked when: • These
circumstances have constituted the fundamental basis for the manifestation of consent of
the parties to the treaty obrigaremse AND • This change has the effect of radically
transforming the nature of liabilities.

fundamental change of circumstances - does not automatically put an end to the treaty. •
It gives itself to the state option to put you r term. • + Article 65.ºCV - a process referred
to in the previous class.

Article 60 CV - non-performance of the treaty by violation of a party - material breach - 60,

paragraph 3. • Consequence: • bilateral treaty - the part can put r it to an end; •
multilateral treaty - 60, paragraph 2 - three possibilities - important : • The violation of the
treaty does not imply its automatic for optical term, but gives the injured party the right to
suspend or put you r order - Article 60.ºCV.

Art.º61.ºCV - supervening impossibility of performance: • Permanent - ex. river that can

not be used because dried - can be terminated to the treaty; • Temple laughed - the treaty
suspension of. • Attention is always the procedure laid down in Articles 65.ºe ss. CV •
Article 63 - break of the optical diploma relations; • full implementation of the treaty -
another cause of termination of the same. • Nullity - seen last class.
Article 40.ºe 41 - review and modification of treaties. • Modification - is the change in
multilateral treaties, relations between the parties - Article 41 • Review - Article 40.ºCV: •
multilateral and bilateral treaties Restricted - Rule unanimity • multilateral treaties - or
contains clauses review that must be respected; or do not exist and simply majority rule
so they can be reviewed. • In relations between the parties of the treaty that are not
parties from new revision agreement, apply the provisions of the original treaty; • In
relations between the parties to the agreement, the agreement applies.

10

Article 38 c) of the ICJ Statute enshrines the General Principles of Law recognized by civilized nations •
Their interpretation has raised many questions in doctrine and jurisprudence. • The general principles of
law are a supplementary source whose main function is to fill the gaps resulting from the absence of
treaties or customs on a certain matter. • These principles will be equivalent to Natural Law As advocated
Le Fur and Verdross? R .: No Because the statute tells us in "recognized principles" and the Natural Law
need not be recognized because impõese for yourself.

Another way of understanding about what are these "general principles of law" is to say that the same
may be found through internal general principles that would be common to most states - this perspective
is inadmissible, given that the various state law systems are divided into legal families, each with their
characteristics or common vectors: The. Roman-Germanic family; B. family common law; w. socialist
family; d. Families of religious nature, ex. Islamic law.

Another perspective is to interpret these "general principles of law" as much as the principles of
international Dto as the internal Dto . • Professor Philippa Delgado - The higher the number of meanings
attributed to the term, the greater the chances of finding an element that fill the gaps in conventional
and customary law - apparently, this has been the option of the ICJ By resorting to various types of
principles, whether of international law as principles of domestic law. • Examples: general principles
of national law General principles of international law • Principle of respect for res judicata •
Principle of burden of proof • Principle of abuse of rights • Etc. • Principle of respect for integrity
territorial United • Non-aggression principle • Principle of peaceful coexistence, etc.
Jurisprudence - set of court decisions or arbitration, national or international. • 38, d) + 59 ICJ Statute
- ICJ's decisions have no effect erga omnes but only inter parts. Decisions are binding only on the parties
and that do not project into the future. • International courts are not obliged to follow the previous court
decisions, although almost always take account . • International courts do not create law, apply it. • Soon,
jurisprudence is not immediate and formal source of international Dto .

The decisions of national courts are also included in this paragraph - many rules of international Dto on
the subject of diplomatic immunities were eventually developed by judgments of national courts. • The
International Dto, the jurisprudence plays an very important role, particularly as an aid for the
investigation of mores existing and the interpretation of treaty law . • In fact, analysis of case law
decisions is indispensable for accurate knowledge of the International Disc.

The word publicists mentioned in Article 38 refers to academic authors - doctrine . • The doctrine also It
is not immediate and formal source of international Dto - is just a auxiliary means to determine the
rules. • It is, however, an important means to determine the existence of law usual . • However, still enjoy
a high authority the views expressed by various scientific institutions dedicated to the study of
international Dto - ex. Association of International Disc.

Equity

O judgment of fairness is not a source of law , Despite coming referred to in Article 38 of the ICJ
Statute. • Decide according to equity - means apply the ideal sense of justice to concrete cases and only
if the parties so have requested. • THE Cv Montego Bay on the Law of the Sea provides for this possibility
judgment according to equity. • Equity intervenes still in interpreting treated As a means of removing
absurd results of the interpretation, which are not to be assumed by the parts ones.

UNILATERAL LEGAL ACTS • Although there is a part of the doctrine that does not accept that such action
is a source of law, another sector considers autonomous unilateral acts as a true formal source of
international law . STATES • The unilateral declarations of will of the subjects of DI , Celing States, may
result international rights and responsibilities not only for their own reporting States or to third
countries. • As such - to create rights and obligations - are true SOURCES Dto , Admitted by customary
disc. • To this end, you must have certain characteristics (slide ff.)

UNILATERAL LEGAL ACTS • Features that should have unilateral legal acts in order to be considered
RIGHT SOURCES: The. Must be a true legal act - can not, for example, be a mere claim; B. Its validity can
not be dependent on an earlier act - you have to have effect for yourself. 10

UNILATERAL LEGAL ACTS • Respect these assumptions the following acts: 1. PROTEST - is the act by
which a State establishes another before their disagreement with a certain situation, considering that
this is not in accordance with the DI. 2. RECOGNITION - is the act whereby a State declares that it
considers a particular situation or that is in accordance with the DI. 3. PROMISE - is the act whereby a
State undertakes in the future to take a certain attitude or behavior; 4. WAIVER - it is the act whereby
a State extinguishes or leaves a certain right that belongs to him; 5. NOTIFICATION - is the act whereby
a State leads to knowledge of others a fact, a situation or a document from which legal consequences
arise.

The acts mentioned in the previous slide have in common the fact that: • be unilateral expressions of the
will of the States; • legal effect; • these effects should be autonomous, ie not recondutíveis to other
sources - should not be the result of another source.

international law - it is unilateral acts that end up impose other international subjects due to reporting
relationships that end up being created due to international organizations. • The most important case is
that of unilateral acts of a few HI's they are today authentic sources of DI . • These acts can be: 1. Acts
court - sentences of the courts of organizations; 2. Acts of internal administration 3. Organization
operating Acts - is this category that interests us 13

In the classic HI's, these acts have the form - see ex. UN Charter: • resolutions • Recommendations -
propose a certain behavior to your recipients - lack of binding force • Decisions - unilateral act with
binding force - eg. 25 UN Charter • As a rule, resolutions and recommendations are not mandatory for
recipients while decisions are binding. • vide ex. UN Charter - UNGA and UNSC.

• jus cogens , Article 53 and 64 of the Vienna CV - is a body of mandatory rules that
resembles the public policy of internal Disc. According to the Cv of Vienna, these standards
are so superior to all the others that his disregard determines the invalidity of the rules
which conflict with them, while ignoring the issues simply mandatory standards only gives
rise to the international responsibility of the offender State .
Jus cogens - the doctrine has come to accept the following rules of jus cogens: 1. The
prohibition of the use of force in international relations; 2. The prohibition of the slave
trade, 3. The prohibition of genocide, 4. The prohibition of piracy; 5. The rules relating to
DTOs man and fundamental freedoms; 6. The right of peoples to self-determination and
equality; 7. The principle of equality of states 8. Many authors also argue that the rules of
peaceful coexistence also are ius cogens.

A large part of these mandatory rules contained in the UN Charter itself. • The requirement
generally accepted as a condition of validity, seems to point to the solution to consider the
ius cogens as formed by customary rules - opinion of the majority of the doctrine.
However, there are those who understand that can arise via conventional (Michael
Akehurst).

• It is understood that, for the formation of a rule of ius cogens, just that it is emanating
from a sufficiently representative group of States of the international community. •

Permitted in a ius cogens regional

which must be compatible with the ius cogens universal

Under penalty of as conflicting rule, be null. •

CV in Vienna, has centralized the power to interpretation

the rules of jus cogens in the International Court of Justice, pursuant to Articles 53, 64 and
66 a). • In view of the abovementioned provisions of the Vienna Cv on the mandatory
nature of ius cogens; • As well as the provisions of Article 103 of the UN Charter - the
principle of the primacy of the rules of the UN Charter over other conventional standards ...
18

According to JBG (p.153), the true sources of International Dto are: 1. International
treaties 2. International custom 3. Unilateral legal acts of States (notification, recognition,
promise, waiver and protest) and HI's. • Instead, they are alleged sources: 1. The general
principles of Dto (it is the sources we take the principle underlying them, not the reverse)
2. The case-law (contrary view has Jorge Miranda, to accept it as a source of Dto, in
particular by establishing international custom) 3. The doctrine 4. Equity - Decision an
equitable - resolution of the case by the criteria set by the applicator itself, in view of the
case - it is a decision tree. 19

Hierarchy of international standards 1. STANDARDS jus cogens 2. RULES OF THE UN

CHARTER 3. RULES OF CUSTOMS AND TREATED FOR UNIVERSAL-UNIVERSAL 4. RULES OF
CUSTOMS AND DISCUSSED REGIONAL 5. RULES OF BILATERAL TREATIES 6. UNILATERAL
ACTS (United eg. Promise, protest, resignation or of HI's ex. resolutions or
recommendations) • The concept of "standard" include both standards and principles.
Their place in the chain is the same as the norm occupies. 20

• Note: since the case law and doctrine are not formal sources of DI, are subject to other sources, such
as: 1. International treaties 2. International custom 3. Unilateral legal acts of States (notification,
recognition, promise, waiver and protest) and HI's. • Incompatibility between international standards,
including treaties between each other, and CNU treated and treated and ius cogens, vide CV Vienna,
Articles 30, paragraphs 1 and 5, 41, 53 and 64. 21

11

12

Topics on application of international agreements to Macau 1. The MSAR HAVE JURISDICTION

TO CELEBRATE INTERNATIONAL AGREEMENTS? IF YES, WHAT TERMS? • Clause 13 LB - first paragraph
- THE GOVERNMENT IS POPULAR CENTRAL Responsa SPEED FOR AFFAIRS OF EXTERNAL RELAC IONS
RELATING TO Macao. • HOWEVER, it MUST MEET TO ARTICLE 13, PARA GRAPH THIRD, IN WHICH THE
TERMS OF "GOVERNMENT POPULAR CENTRAL AUTHORIZING SAR TREAT ALONE PRO PRIA AND
UNDER THIS LAW ON FOREIGN AFFAIRS CONCERNING". • QUESTION IS: WHAT TYPES OF DELEGAÇ
TION OF THE SKILLS TO SAR GPC FOUND IN LB? • ANSWER: • DELEGAÇ Ã POWERS AUTOMATIC TICA
- The RESULTING ARTICLES 112 AND LB 136.ºDA • DELEGAÇ Ã RESIDUAL POWERS (THAT IS, IN SUCH
CASES The MSAR NEED OF PRIOR AND AGREE INSTANCE authorization à THE GPC BECAUSE
POLITICAL MATTER THIS IS) - The RESULTING ARTICLES 94 AND 140 OF LB.
DELEGAÇ Ã AUTOMATIC TICA POWERS - TO WHICH THE PROFESSOR FILIPA GIVES THE NAME OF
"AUTORIZAÇÃOGENÉRICA": LB article 112 - "The SAR may, using TION OF THE denomination" Macau,
China "in organization IONS AND INTERNATIONAL relevant international agreements (...)" Clause 136
LB - "The MSAR MAY, WITH THE denomination Ã" MACAU, CHINA "KEEP AND DEVELOP BY SI PRO PRIA,
RELAC IONS, CELEBRATE AND EXECUTE AGREEMENTS WITH COUNTRIES AND REGAL ES OR
organization Õ ES INTERNATIONAL interested in the appropriate domains, SAVING IN PARTICULAR,
TRADE, Financial AS, TRANSPORT MARITIME, Communication IONS, TOURISM, CULTURE, SCIENCE,
TECHNOLOGY AND SPORT ". DRA. CRISTINA - "PARTICULAR" as a clan Usula ILLUSTRATIVE. DELEGAÇ
TION OF RESIDUAL POWERS - TO WHICH THE PROFESSOR FILIPA GIVES THE NAME OF "SPECIFIC
AUTHORIZATION": ART.º94.º LB - COOPERATION OF TREATED AT ION LEGAL AND judicia RIA
ART.º140.º LB - Abolic TION OF VISAS

2. WHO HAS JURISDICTION TO REPRESENT INTERNATIONALLY The MSAR? A .: THE EXECUTIVE CHEF
- ART.º45.º. FIRST PARA GRAPH OF LB. OF NOTE THAT WHILE THE EXERCISES EC FCT IONS OF HEAD
OF STATE / regia The (ARTICLE 45 LB) AND GOVERNMENT CHIEF (ARTICLE 59, PARA GRAPH FIRST
AND 62.ºDA LB). 3. WHAT IS THE PROCESS VINCULAÇ Ã EXTERNAL Macao? A .: LB AND THE LAW
Ordina RIA SÃ The ABSOLUTELY missing THIS ASPECT. CHECKS IS THEREFORE ONE GAP. THE LACK OF
A PROCESS approval à TREATIES, CONCLUDES THAT ALL POWER VINCULAÇ Ã THE EXECUTIVE HEAD
CHEF, THAT IS: • NEGOTIATION • SIGNATURE • Approval à • Ratification à / O ADESA • Depo ratification
INSTRUMENT SITO Ã / ADESA O: IS ALL IN MÃ THE EXECUTIVE CHEF.

4. WHAT TYPES OF AGREEMENTS VINCULAMMACAU? A .: ART.º138.º. The) First paragraph -

INTERNATIONAL AGREEMENTS CONCLUDED BY RPC LINKED TO MACAU? A .: "The APPLICATION AT
ION TO AGREEMENTS SAR INTERNATIONAL IN THE PRC IS PART IS DETERMINED BY THE
GOVERNMENT CENTRAL PEOPLE". HOWEVER, THIS MUST "HEAR THE OPINION OF SAR".
UNDERSTAND THAT THE OPINION IS OBRIGATÓ RIO, BUT NOT BINDING. B) Second paragraph -
INTERNATIONAL AGREEMENTS THAT ALREADY Macao It was a party to 1999 continued to apply in
Macau. 5. FROM THAT MOMENT IS THAT AN INTERNATIONAL AGREEMENT, BE COMPLETED IN MACAU
AT YOUR TRACK RACING PRO PRIA, BE COMPLETED BY AN AGREEMENT BUT EXTENDED RPC MACAO
TO ARTICLE 13, PARA GRAPH OF FIRST LB, PASS TO BE IN FORCE IN ORDER INTERNAL? A .: APO SA
YOUR PUBLICATIONS IN THE OFFICIAL GAZETTE Ã, UNDER THE LAW No. 3/1999. THIS LAW PRESENTS
GAPS AND SOME IMPERFEIÇ TION WITH RESPECT TO THIS MATTER BUT can be summed up FOR
WHAT WE ARE INTERESTED SAYING THAT INTERNATIONAL AGREEMENTS CONCLUDED WITH
denomination à "MACAU, CHINA" Sà The PUBLISHED IN I SERIES AND THE REMAINING SERIES II
(ART.º3.º, 6) and 5 1, 2 and 3)). 6
6. WHAT IS THE CONSEQUENCE OF LACK OF PUBLICATIONS AT ION OF AN AGREEMENT IN BO? R .:
INEFICÁ CIA LEGAL (AND EXPRESSLY BY MEANS OF REASONING anomalous MAGIC). 7. THE
AGREEMENTS IN FORCE IN MACAU MAY BE REFERRED BY THE MACAU COURTS? R .. Clause 1, No. 3
THE CC. SOUND THE RIGHT TO SOURCE AND IN LIEU OF LAWS Ordina RIAS. SÃ SUPRA-LEGAL AND
infra. SINCE PUBLISHED ON OR, AND SINCE THEIR RULES ARE SELFEXECUTING ( THAT IS, THAT DO
NOT NEED FOR REGULATORY Ã IN INTERNAL LAW), SHALL APPLY BY MACAU COURTS. OF NOTE THAT
IF MACAU LAW COURTS HAVE INTERNATIONAL bailed ESPECIALLY FOR THE LAWS interpretation Ã
Ordina RIAS AND DO NOT BOTH WITH propose SITO AS OF THOSE IN FAVOR derogate.

Application of international agreements to Macau • When, in SLIDES precedent reports MOS IN

THE STANDARDS OF LB S COMING TO GIVE POWERS SAR to act on the legal sphere INTERNATIONAL,
whether they are optical DELEGAÇ IONS autonomous or residual, have two modes A The interpretation
of these standards: 1. OR BEFORE WE ARE A TRUE DELEGAÇ Ã POWERS IN THE SENSE TECHNICAL
IN THE SENSE THAT COULD Macao ACT ON BEHALF AND ON BEHALF OF THE PRC, WHAT DO NOT IN
APPEARS TO BE THE CASE; 2. OR WE, TECHNICALLY, BY ONE POWERS OF TRANSFER SUCH LUCK
THAT LINKS Macao SE INTERNATIONALLY IN ITSELF (OBVIOUSLY UNDER authorization à OE WITHIN
THE LIMITS) - THAT IS, WHO IS INTERNATIONALLY FORCES IS UNIQUE AND EXCLUSIVELY The Macao
SAR and PRC OA, SO WHO WILL BE INTERNATIONALLY LIABLE IN DEFAULT EVENT SHALL SAR - The
opinia OF PROFESSOR FILIPA, P. 123, with which we agree.

RGA THE COMPETENT TO LINK INTERNATIONALLY The MSAR • Article 13, subparagraph 3 LB •
ARTICLE 45 LB • ARTICLE 50, PARA GRAPH 13 LB • Article 64, subparagraph 3 LB ↓ ABOUT LINKS IS
INTERNATIONALLY The MSAR EXECUTIVE CHEF A PROFESSOR FILIPA clarify WHAT IS POPULAR
GOVERNMENT CENTRAL AUTHORIZING THE GOVERNMENT The MSAR The MSAR BOUND
INTERNATIONALLY, IN LB OF TERMS 9

HOW IS THE CHIEF EXECUTIVE WHO HEADS The MSAR, IS HE WHO REPRESENTS Macao. • THIS WILL
POWER delegates VEL? • A. DO NOT IT COMES TO POWER A delegate SPEED BECAUSE THERE WAS
ALREADY A DELEGAÇ Ã POPULAR GOVERNMENT POWERS IN CENTRAL GOVERNMENT SAR
(REPRESENTED BY EXECUTIVE CHEF). • IF LB PROVIDES THAT exhaustively WHO REPRESENT
INTERNATIONALLY The MSAR IS THE EXECUTIVE CHEF, ONLY THIS HAS THIS POWER.

B. HOWEVER, THE OTHER MEMBERS OF MAY REPRESENT ONLY GOVERNMENT EXTERNALLY The MSAR
IF THEY ARE PROPERLY ACCREDITED TO DO SO BY THE EXECUTIVE CHEF - THAT IS, YOU NEED THAT
THERE BE authorization à SPECIFIC TO EMPLOYEES THAT Do OO EXECUTIVE CHEF CAN REPRESENT
INTERNATIONALLY The MSAR: THE. IF YOU TREAT A DELEGAÇ CASE Ã AUTOMATIC TICA, JUST A
Authorization à EXECUTIVE CHEF; B. IF YOU TREAT A DELEGAÇ CASE à RESIDUAL, is NEED
Authorization à EXECUTIVE CHEF OF BOTH THE CENTRAL PEOPLE'S GOVERNMENT TO ANOTHER
MEMBER CAN GOVERNMENT REPRESENT EXTERNALLY The MSAR.

WHAT I SAID ABOVE TO SAY ABOUT VINCULAÇ Ã EXTERNAL Macao. • LOGO, WITH REGARD TO PRIOR
ACTS, SUCH AS IN negotiation Ã, The MSAR MAY THROUGH CHARTER, ENABLE EVEN SOMEONE DO
NOT BE A MEMBER OF THE GOVERNMENT TO REPRESENT - ARTICLE 2, AL. C) CV VIENNA. • NOTE,
HOWEVER, DO NOT exist in Macao ONE ON THE WAY LAW AND FORM CONCLUSÃ The TREATY, DO
NOT SPEAK OF MAY, WITH PROPERTY, INTERNAL REQUIREMENTS approval à O. • SO,
ACCORDING TO PROFESSOR FILIPA, the approval à INTERNAL IS IMPLIED IN
PUBLICATIONS Ã O. 12

Watch TO THE LAW 3/1999 WITH REGARD TO PUBLICATIONS TION OF ARRANGEMENTS IN BO, GO
depending on the RIOS ARRANGEMENTS TYPES IN SERIES I or II. • A PROFESSOR FILIPA DELGADO
CONSIDERS THAT ONLY TAKE PLACE OF VICE INEFICÁ CIA LEGAL IN CASES EXPRESSLY PROVIDED IN
LAW - THAT IS, THAT DO NOT would constitute a gap in OTHER CASES. • SO DONE THAT
PUBLICATIONS Ã Ã IS JUST A CONDITIONS OF INTERNAL TERM AND CONDITIONS DO NOT AN EXPIRY
à O. • IN OUR opinia O, AGREE WITH THE DOCTRINE DEFENDING THAT TAKE PLACE A GAP IN ARTICLE
5.ºDA LAW 3/1999, BUT ALSO UNDERSTAND THAT The à PUBLICATIONS SHOULD BE SEEN ONLY
CONDITIONS AT ION INTERNAL DURATION OF AGREEMENTS - OA INTERNATIONALLY THE
BINDING WHICH irrespective of whether the SAR Ã INTERNAL PUBLICATIONS.

CONVENTION IONS IN WHICH IS PART RPC ARTICLE 138 PART 1 LB • ARTICLE 138 LB
dismissed the GENERAL RULE OF ARTICLE 29 OF RESULTING CV ACCORDING TO WHICH THE
INTERNATIONAL TREATY SHALL APPLY IN RIVER Territo GENERAL; • BY THE RIVER against LB opted
RULE OF TREATY transferable - THAT IS, THE TREATED IN THE PRC IS PART DO NOT APPLY IT TO MSAR,
EXCEPT TO SEND THIS ONE DECLARATION Ã UNILATERAL OF APPLICATION Ã WHAT HAVE WILL
REGARD TO THE OPINION OF THE GOVERNMENT Macao.

CONVENTION IONS IN WHICH IS PART RPC ARTICLE 138 PART 1 LB • QUID IURIS IF THE
CENTRAL PEOPLE'S GOVERNMENT DO NOT CONSULT THE GOVERNMENT Macao? • PROFESSOR FILIPA
 - The INFRINGEMENT OF THAT OBLIGATION DETERMINE THE INVALIDITY DECISION OF THE
AGREEMENT TO extensive Macao. • MODEST IN OUR opinia O, DO NOT COMPLY ANALYZE THE
DECISION TAKEN BY THE EXPIRY OF GPC, BUT ONLY REFER THAT, ACCORDING TO OUR LAW BÁ SICA,
THIS AGREEMENT DO NOT BE THE EXTENSION Macao WHEREAS ARTICLE 138 subparagraph 1 LB OF
DEMANDS THAT THE GOVERNMENT Macao SEND AN OPINION PRIOR TO THAT extensive O. • CENTRAL
GOVERNMENT SHOULD PEOPLE EXPECT THE GOVERNMENT OF SAR to rule, simply DO NOT ASK YOU
for a ruling. • HOWEVER, THE OPINION DESFAVORÁ Macao GOVERNANCE LEVEL DO NOT PREVENT
THAT ONE THAT TREATY IS PART RPC extends to Macao.

CONVENTION IONS IN THE PRC DO NOT IS PART Article 138 2nd PART LB • THE SAME MAY
CONTINUE TO BE APPLIED TO THE SAR. • NOTE THAT, OF COURSE, ALSO THE AGREEMENTS WHICH
ALSO BE PART RPC BEFORE transition à CONTINUED TO BE APPLIED TO THE SAR (SAY AGAINST RIO
DO NOT DO SENSE). • IE: ANY TREATY The MSAR BE PART BEFORE 1999 CONTINUED TO APPLY
WHETHER RPC ALSO BE PART, DO NOT WANT TO BE. 16

HONG KONG SAR - SYSTEM dualistic • Macao - one-tier system • HOW TO READ THE ARTICLE
40.ºLB , IN THIS CONTEXT? • A .: PROFESSOR FILIPA - LB EMBODYING THE PRINCIPLE OF
CONTINUITY. The MSAR BEING A one-tier system, the International Covenants will have PROCEEDING
The FOR USE IN SAR BE REGARDLESS OF STANDARDS INTO LEGAL. • Attention is drawn to
DEVELOPMENT GIVEN TO THIS BY Questa The DRA. ILDA Cristina Ferreira, IN DOCUMENT available
online, P. 19-21. • The à COMPLETION OF ITS RULES WHEN necessa RIA IS THAT MUST BE MADE BY
LAW. 17

13
1. Organization The HI has to be permanent, with the result autonomy in the relaçã to Member States.
Daíresulta also the existence of a thirst , agreements with one or more States in order to regulate the
activities of the organization of out on its territory ( accords de siège, that is, the arrangements instalaçã)
and a minimum of Orga single structure and material conditions allowing the organization of out work.
Furthermore, the ORGANIZATION expresses one own will, that it is legally distinct level and allocate
the legal wills of the Member States. This will shall be governed by rules of formaçã you and express the
same as the sound peculiar to the ORGANIZATION. Relaçã intimate with the legal personality own of
the ORGANIZATION

2. International element i) This element comes from the fact that the ORGANIZATION be created by
international law instrument. This instrument is: The) as a rule, an international treaty concluded under
the general rules of Public International Law, specifically Convince Vienna. B) However, one HI can also
 be created by other HI RESOLUTION by the taken in accordance estatutá rivers within the RGA the
jurisdiction of this last ú. Ex .: The UN General Assembly decided to create the UNIDO (the United
ORGANIZATION s NAC Industrial Development) and UNDP (United Nations Development Program). ii)
On the other hand, this international element is expressed also by circunstâ INSTANCE of members of
the ORGANIZATION be the subject of international law. ORGANIZATION A, for its the Composica,
beyond the scope of the state. The vast majority of International Organizations is composed of States,
but also can be part of them other subjects, eg. the Holy See. And can a HI membership in other HI.

Note, however, that the HI Will not is neither a State nor an Superstate: 1. Will not the populace has the
2. It will not have the territory 3. Will not normally the exercise any jurisdiction 4. It will not have the
political power in the proper sense, except on member states, and always in the Charter limits the
constituiçã: the organization of out the Will not exert any power over the internal state of the subject, ie,
Not the immediacy has, except in supranational organizations. It was stated in the ICJ Opinion on the
losses suffered by the United Nations service..

Classificaçã the International Organizations 1. When the object pursuing 2. As to their legal structure 3.
Concerning the territorial scope of the Thanksgiving 1. As for its subject The) Organizations aimed at
pursuit of general purposes - ex. UN whose purposes, as well as being very large, show a continuing
trend to be amplified atravé s your concretizaçã the international ethics in the practice. Main purpose:
maintenanc the international peace and security (Article 1, 1), but, for this is necessa river pursue other
purposes - eg. art.º1.º, 3) of the Charter. B) Organizations aimed at pursuit of private or special
purpose. These can be divided into: i) cooperaçã organizations the policy - eg. Council of Europe; ii)
cooperaçã organizations the economic - eg. IMF iii) cooperaçã organizations the military - ex. NATO (the
Treaty ORGANIZATION Northern ntico Economic Co-o) iv) cooperaçã organizations social and Humanita
laughed - ex. FAO, WHO, ILO v) Organizations with cultural purposes, scientific and technical - ex.
UNESCO

3. The legal structure i) intergovernmental organizations - ex. optical paradigm. Its predominant
objective is to foster multilateral relations mere cooperation among the subjects that compose them.
These organizations in the limitaçã there is the sovereignty of member states, since the relationships
that are established in their sound within the horizontal relations of the simple coordenaçã of state
sovereignty. Note that it is forbidden to ORGANIZATION oa intervençã the direct in the internal order of
the Member States, so that its decisions and deliberations have as destinatá rivers States themselves and
not their internal subject ; usually assume the nature of mere recommendation s to the United States; at
the level of the votaçã normally requires to unanimity or very qualified majorities, with excepçã the UN .
Examples: UN, OECD, NATO, etc. ii) International Organizations supranational - This type of HI is
based on the principle of limitaçã the sovereignty of member states, resulting from transfer of
sovereign powers of member states to supranational organizations. exist subordinate
relationships ( and Will not the mere cooperation ã o) between the ORGANIZATION oe member states,
including their subject of national law. vertical relationships of the integraçã. Note that has real
legislative and judicial power, the jurisdiction obrigató laugh, that the rule of votaçã is the most
(community interests and the state already) , Or that the subject of national law of the member states
(in addition to these) have direct access to the courts of the ORGANIZATION. Eg ,: EU, Mercosur, etc.

The territorial scope of the Thanksgiving i) Organizations-universal - the healthy ones that normally
cover may ap all States of the Community International, having a vocaçã to the universality - ex. UN , IMF,
ILO ii) regional organizations - come their territorial scope of the Thanksgiving narrowly defined and
are open at a reduced humerus States, defined by geographic requirements physical or other - eg. EU.
But instead of a classificaçã which settled in the territory, may be based on geo-political reasons or
ideological or religious.

The Legal Order of International Organizations 1. Each ORGANIZATION International is established by a

treaty international, which is known as his law originating river. 2. Based on this treaty, we develop a set
of standards and acts emanating from the RGA O to the organization of out it and whose nature, would
obrigató force or Will not it, and whose destinatá vary rivers as it is an ORGANIZATION
intergovernmental or a ORGANIZATION supranational - this is your secondary legislation - " domestic
law of the International ORGANIZATION " Therefore, its legal system is composed by its law originating
river and derivative. 10

Revision of the treaty establishing the HI: Article 39 and 40 conventions ã of Vienna - in principle,
it requires unanimity, but the treaty itself may provide for different rules (Article 40, paragraph 1 of the
CV). Example - qualified majority. In this case, we have to distinguish two types of Refit: The)
contractual nature Review - commits only states which accept the amendments, still others related
to the previous text; B) constitutional type of review - once approved by most necessa ria, obliges
all member states regardless of their specific consent - eg. UN, article 108 of the Charter - an
amendment after s s approved by two thirds of the Assembly and ratified by 2/3 of the members,
including all the permanent members of the Security Council, shall enter into force for all member
states .

The international personality of international organizations ICJ opinion on the losses suffered in the
service of the United Nations - even though, in accordance with Articles 104 and 105 of the UN Charter,
only result immediately to the United Nations personality under national law of the member states, the
ICJ clearly affirmed the international legal personality of the United Nations. Later, some founding
treaties expressly entered if it atribuiçã the personality - eg. EU Treaty. Even if useful, it is noted, always
the international legal personality result from susceptibility of the ownership of rights and obligations
under international law directly. Thus, to determine whether a ORGANIZATION International have or Will
not the legal personality, will be to resort to the constituent instrument and examine whether it imposes
rights and own obligations and the organization of out it is likely to produce expressions of will that you
are legally allocate LEVELS and in the member states.

The international personality of international organizations (cont.) It is true that the personality of the HI
valley before member states parties in their constituiçã the act. But could the HI arise as a subject of
international law towards third countries and in particular practice before these the right to reclamaçã
international if their rights or interests have been harmed by a state in the member? ICJ Opinion on the
recycling of the losses suffered in the service of the United Nations (1949) - This RGA concluded that the
enforceability erga omnes UN international legal personality. The appeal made to their being part of the
UN, then at that time, 50 states. So for most of the reason, this argument applies to all
organizations-universal. Ie the international personality of Organizations for-universal it is enforceable
erga omnes independently recognition. 13

quid juris s as the regional organizations? ↓ The doctrine also is inclined to accept the enforceability erga
omnes the legal status of regional organizations. Ie no third country can challenge the international
personality of a HI incorporated under the principles of law International and for a legitimate purpose
(Law Consuetudiná river). 14

Composica the International Organizations Typically, HI's the only sound composed of States. However,
exceptionally be members of it in the state entities, such as the Holy See or even other HI's. Participants
in the sound HI, as a rule, its full members. However, sometimes they can also participate in the activities
of the organization of out members or simply members observers. i) Associate members - enjoy the
same status as the full members, with excepçã the right to vote; ii) observers - more limited status,
defined by the organization of out own, and usually only include the right to participate in the activities
of the ORGANIZATION that directly might be interested. No State can be forced to make pate a HI. The
sound of her members only those who express that will. we have rivers originate members (Who
participated in its the criaçã) and admitted members ( those who subsequently requested and obtained
their ADESA o).

Accession a state in HI - depends, among others: 1. the ability and willingness of the State to match the
s obligations under the status of the ORGANIZATION; 2. the level Favora will of the members of the
ORGANIZATION, sometimes by unanimously; Expulsion a state of HI: - The violaçã the serious and
persistent of the Legal Order of HI by a member state gives rise to the possibility of the expelled.
Sometimes the founding act of the ORGANIZATION expressly lays down the conditions that expels (eg.
UN), but even if Not Made oo provides the right to decide to expel the such Will not the state can be
challenged. Inve s to the more serious as it is to expel the that State can adopt to the ORGANIZATION
measures milder, for example: - The Hanging the rights and prerogatives inherent to membership; -
And, in particular, the right to vote - ex. UN - article 17, par. 2 and article 19 of the Charter.

"Right of withdrawal" a HI - is naturally accepted (free to enter and will to stay in HI). For example,
Indone Asia withdrew from the UN in 1965 Á or South Africa, who retired from the ILO. It is therefore the
complaint treaty. Accepted without reservation when we are dealing with intergovernmental
organizations But with some doubts holiday indoctrinate those aspects to its extensive how the s
supranational organizations. - See Steel GDR the Court of Justice of the European Union ruling in the
case Costa / ENEL, on July 15, 1964 (AGP and CF, p. 435).

The competence of the International Organizations International personality of HI's derives its
enjoyment and exercise capacity, whose extent is defined by its founding act. THE international capacity
of each International Organization (ie the competence of the RGA them), is buoyed by principle of
specialty - that is, its the RGA only have jurisdiction over their own purposes and the Will not beyond
them. Even organizations with general purposes (eg. UN) is bound by the principle that, although in
them is more difficult to be detected offenses To him first. - ICJ in the opinion of sanctions - "(...) the
rights and obligations of an entity such as the UN should depend on its purposes and functions, explicitly
or implicitly stated in constituiçã it and act developed by the practice"

The delimitaçã the competence of HI's (or rather, its the RGA) is carried out by the act establishing it. But
this act can predict insufficiently these skills, so the RGA O of the HI may run into a problem of lack of
rivers necessa the full prossecuçã powers of the objectives put in charge these cases have the doctrine
and international jurisprudence built the theory of implied powers. According to this theory, the
organization of out it, in addition to the powers expressly it's the conferred also enjoys those who sound
the instruments of those, that is, those who sound the VEIS indispensá the good performance of the
powers conferred by express or explicitly - theory inspired by the Implied powers theory . However, it
should be applied with caution because it is intended only to extend the competence of the RGA O to the
ORGANIZATION the, Not the their purpose and must be refused where, in intergovernmental
organizations, it will result to member states sovereignty limitations the expressly provided.

Particularly with respect to s UN 1. At the United Nations, the trend of the RGA and the particularly the
General Assembly is for the almost unlimited extension of its powers. 2. The ICJ has recognized these
implied powers, but more moderaçã it.

Interferes with demarcaçã the competence of the HI's intergovernmental other than the reserved
area. This is now the excepçã provided for in Article 2, paragraph 7 of the United Nations Charter.
However, this will put ethics ORGANIZATION has it been to, progressively, completely ignore this
disposiçã it. Note also that, in ú recent times, there has been a greater limitaçã self-consent of the
sovereignty of member states in the face of greater absorçã the UN of holiday maté that until very
recently fell on their parked domain, they Will not have it invoked excepçã the reserved area in situations
in which, no doubt, they would last. This means greater limitaçã the reserved area.

The most characteristic powers of HI's The) Remedy the interstate conflicts i) In general, all forms of
organizations predict the solutio internal conflicts - ie those that arise among its members the purpose
small website of the interpretaçã the constituiçã the act or operation of the RGA; ii) But organizations
yams political casing also aim solve external conflicts among Member States, which is even its main
Function for - ex. UN. In the UN system, the peaceful settlement of the function conflicts may
even extend, given the universal tendency of the ORGANIZATION, the conflicts which are parties
to non-member States - art.º2.º, n.º 6 and 35, paragraph 2 of the Charter.

b) Legislative powers or regulatory c) Financial Competence S to bail out their expenses, HI's have
fundamentally rely on the contributions of the member states. Rarely will the holiday voluntá
contributions. It is, therefore, holiday obrigató contributions, payable by them under the instituiçã
act. Therefore, it takes on consideraçã oo budget of HI and the part to be supported by each state. The
power aprovaçã the budget to compete normally s General Meetings of HI's - ex. art.º17.ºda UN Charter.
Note that the United Nations there is a special COMMISSION, THE COMMISSION of the Contributions,
which proposes to the General Meeting repartiçã the expenditure by Member States. Problem prá optical
- Will not the contribuiçã the timely by Member States of their financial obligations, as is often the case
at the UN - Consequence: the possibility of expulsion of the latter, under article 6 of the UN
Charter. Or even lighter sanctions as the payment of default interest but, politically, it is difficult to
apply particularly to certain member states with greater weight.

d) the deed racing It is a character of competence administrative similar to that found in the States
and that gains special importance in cooperaçã organizations the technical, economic, social and
Humanita laughed pursuing covered bank functions, technical and financial assistance, education of
Research of the scientific, etc., may be the main aim or acces laugh of the ORGANIZATION.

ius tractum International Organizations - As a subject of international law, HI enjoys ius tractum.
- The treated can conclude that it does: The) And with other organizations - eg. agreements between the
UN and Organizations
specialist, art. the 57.ºe 63.
ºda Charter; B) Either with member states - eg. military agreements referred to in article 43 the Charter;
w) Or with states in the members - the former. the agreement between the UN and Switzerland on the
operation of the organization of out of the facilities in Geneva (note: Switzerland is a UN member state
since Sep 2002). However, it is necessa river do the following distinçã the: i) Treaties on which the
ORGANIZATION is the part; ii) Treaties prepared by the ORGANIZATION, or entered under its umbrella,
but when the sound of only the States. - O treaty-making power of HI's will normally be defined in the
Treaty of constituiçã.

ius tractum International Organizations The RGA that fits the power to celebraçã the treaties? The)
In intergovernmental organizations - this could fit in rule, the RGA deliberative - the General Assembly,
may also be attributed to the RGA executive, on technical issues. But it's the rule is universal, not least
because many sound the constituent treaties that sound in the silent maté laughed. In this case, the
optical prá will in order to assign the ius tractuum the assembly; B) Organizations in integraçã the - as
a rule, competence it is up to the RGA representing the states, while conduçã the negotiations is
delivered to the RGA executive

... the United Nations: i) Article 63 of the agreements concluded by the sound Charter Economic and
Social Council; ii) The Article 43 healthy concluded by the Security Council; iii) The instalaçã the
agreements ( accords de siège) - ex. the concluded with Switzerland - they have been concluded by the
General Assembly by the absence of disposiçã expressed in the Charter. Note: Article 102 of the Charter
only requires the registration of treaties concluded by the United Nations but to avoid secret treaties, the
prá ethics have been in order to also register treaties concluded by the ORGANIZATION, although Will
not the other part is the member of the UN. Thus, for example, going beyond the burden of Article 102,
paragraph 2 of the Charter, have been registered the agreements concluded pursuant to Article 63 with
specialized organizations.

The structure of International Organizations THE) The BESI O - general scheme, especially
thinking of the intergovernmental organizations 28 RGA deliberative • General meeting - formed by all
members of HI, normally meets 1x / year • advice - RGA the Gesta permanent, num. reduced members.
Assures the Government of HI. RGA executive • Secretariat - made up of works international rivers that
depend only on the RGA themselves of HI and Not Made the member states. The figure of the secret
river General. Former UN:. The Secretariat of the policy is the policy of HI.

Sometimes, there is also: O rgão court - for resolving legal disputes among member states. Of
these, the most important is the International Court of Justice, Not the one to be the RGA the referring
of the most important organizations - the United Nations - article 92 of the Charter - but also because the
trend in organizations is parauniversais RESOLUTION to predict the conflict, in some cases river obrigató
at ICJ. The HI's may also have RGA subsidize the rivers - ex. article 7, paragraph 2, 22.ºe 29.ºda Charter.
In his executio have already been created, the United Nations, more than a hundred RGA subsidize the
rivers. It turns out that the trend is that the Secretariat pass to polarize, around the RGA O subsidize the
rivers, so seeing increased their political influence.
The vote, within the O BESI 1. The secretariat is usually headed by a secret river General 2. But the
remaining RGA the sound the high school, so that the clearance of his will implies votaçã it. How this is
done? i) The general principle is that of equal vote: each Member State You have one vote. Derives
from the rule of the sovereign equality of States, article 2, paragraph 1 of the United Nat s Charter. ii)
However, soon passed to consider the actual inequality between states and, therefore, was introduced
the weighted vote. This ponderaçã can do by the designaçã the face of states whose vote has special
arrangements. In this way, it translates better the reality of international life, given that, in the
international community, the United Will not it all have the same weight - ex. in the case of permanent
members of the Security Council
UN
- art. the 23.ºe 27.ºda Charter. iii) Thus, in United Nations, we have two situations: under Article 18,
paragraph 1 of the Charter and following the principle of equality, dominates most african-Asia Optical
(General Assembly); under Article 27 of the Charter, under the weighted vote, continue to dominate the
great powers. 30

The vote, within the O BESI Ponderaçã the atribuiç ã the votes (previous slide) vs ponderaçã at the
polls Regardless of atribuiç system ã the vote may be required, in order to properly form the will of the
RGA high school: i) A simple majority ii) The majority iii) A qualified majority iv) unanimity i and ii) simple
majority and the majority These sound systems commonly HI's in a row. iii) A qualified majority However,
for certain deliberations more important, it requires usually a qualified majority, which is usually 2/3 - ex.
18.ºda article of the UN Charter.

iv) unanimously This was the rule of the League of Nations - article 5, paragraph 1 of the Covenant.
However, since almost it is then it corresponds to an outdated organization of out phase of the
international community. You may even wonder if the unanimity requirement is or Will not compatible
with the very Noca the HI, since this requirement eliminates politically, the existence of a will of the
ORGANIZATION. However, today and in sensitive holiday maté Importance INSTANCE (ex admissã the
new members in some HI's, but the the UN. - 18, paragraph 2, a qualified majority), continue to require
unanimity of all members.

member states representatives - delegates. Art.º9.ºda UN Charter. Dominated by representatives

of governments, dependent on the instructions thereof. But his side and some HI's, there are already
representatives of economic and social interests or delegates of the Parliaments. vs International
players: i) Operates international river - is one who exercises regularly and permanently duties in the
service of a HI under the direcçã the respective RGA them, but with independence from member states
of HI. They make career in HI's - ex. article 100 of the UN Charter. presidential election so the rivers of
these works - double form. See article 97 and 101 of the Charter. It is estimated that currently there are
many tens of thousands of works international rivers, of which a large part is in the service of the United
Nations and its specialized agencies. Note also that, although the article 97.ºda Charter secret report to
the UN General river as their main "official", their vain functions the way beyond that. ii) International
Agent - perform their functions under the transitional river for HI's. Ex.: experts and technicians
occasionally employees, arbitration commission members, the mediaçã or the conciliaçã, etc. Also play
purely manual tasks (eg. Driver). Will not the enjoy immunity. Similarly, ICJ in its opinion of 11 April 1949
on the recycling of the losses suffered by the United Nations service. The imp. the UN Administrative
Tribunal,

14
SUBJECT OF DIP • international subject - who holds a legal status derived from an
international standard directly. • According Basdevant (1960), the subject of DI can be
characterized as a " individual or legal entity to whom the DI recognizes fitness to be a
holder of rights and obligations governed by it and trigger processes regulated by it ".

international subject - who holds a legal status derived from an international standard
directly. • According Basdevant (1960), the subject of DI can be characterized as a "
individual or legal entity to whom the DI recognizes fitness to be a holder of rights and
obligations governed by it and trigger processes regulated by it ".

Soon: 1. Is the DI determining what their subjects themselves; 2. Is the DI which

determines the manner in which there is the international legal personality - can arise
autonomously determine topical or special recognition acts; 3. The international legal
personality can cover a ball capacity more or less wide.

International Juridical Personality • The DI of subjects they have rights and obligations, as
we saw above. • It is therefore DI subject everyone to whom you assign rights and
obligations, ie, the entire entity capable of holding international legal relations. • It is
precisely this quality - this susceptibility of holding international legal relations - which
sets the legal personality International.

INTERNATIONAL LEGAL CAPACITY • When we checked before being a subject of

international law endowed therefore have international legal personality, then you will be
him recognized by the international law the ability to legally act within the international
legal community. • In international law the subjects do not all have the same capacity to
act - it can be more or less wide. • So we can conclude, such as in national law, the legal
personality is a qualitative crite river and the legal capacity constitutes one crite
quantitative river.
There are certain individuals who do not suffer any limitation its ability to act - eg.
sovereign states (state elements: territory, population and political power; consequences:
ius tractum - right to enter into tratados-, ius belli - the right to wage war when permitted
by the DI, international law claim, legationis ius - right to send and receive optical diploma
representations); • There are others who already see limited - semi-sovereign states - in
this case, there is a limitation on the exercise capacity of existing subjects - eg.
protectorates - a protective state (sovereign) assumes an obligation to protect a protected
state, receiving in return the power to direct their international relations. Situation
belonging to the past, ex. France for Morocco. • Not to be confused with colonialism,
because in these cases the protected territory had no international legal personality, in
that it lacked independence.

Finally, there are certain subjects to whom the ability to act is denied - these states are
unable to independently exercise rights and fulfill international legal obligations. This can
happen in the following situations: The. Situation early laughed - State won a war which is
now administered by the winner State; B. prolonged situation - terri legal and
internationally rivers represented by other States; w. Or in the case of federal states -
those states are not sovereign - the key feature of a Federal or State Federation is the fact
that the internal competence to meet shared between the federal authorities and the
Federated States as foreign affairs are usually directed exclusively by federal authorities.

Note about the federal states: i. In fact, whether a federal state is or is not a "state" will
depend on the Constitution of the Federal State. ii. So whenever their federal constitution
recognized international capacity to the federal states, namely to conclude international
treaties, they have -la will. iii. As a rule, federal Constitutions exclude all possibility of the
respective federal states conclude international treaties - eg. USA. •
Another example of a Federal State is the Brazil
. • Attention is drawn to Article 21 of its Constitution that I. " Incumbent upon the Union to
maintain relations with foreign states and participate in international organizations. " • In
turn, Article 18 states that "the political and administrative organization of the Federative
Republic of Brazil comprises the Union, the states, the Federal District and the
municipalities, all autonomous under this Constitution."

15

ORIGIN HISTORY OF UN The UN is, in fact, the HI more important from a political point of view and
legal. After the 1ªGGM arises, especially by American influence, the idea that for the maintenance of
peace would be essential to building a wildcard Political Organization - It was to provide practical
realization this idea that the first 26 articles of the Versailles Peace Treaty incorporated the Covenant of
the League of Nations, organization of international cooperation to promote collective security, the
peaceful settlement of conflicts and cooperation between States for economic and social progress. Ie, its
main objectives were: 1. Maintenance of peace and collective security; 2. The management or
supervision of the administration of colonial territories 3. Cooperation between states in the economic
and social fields.

League of Nations key aspects 1. It is first of all to emphasize the principle of State sovereignty by
what was required unanimity the polls - art.º5.ºdo Pact. 2. Your Reasons failure: They relate to the
following reasons: i) Principle of unanimity; ii) The principle of equality of states, which put on the same
plane large and small powers (v. final part of the Covenant). The only privileged position of the great
powers in this Organization was its permanent presence in the Council (art.º4.ºdo Pact).

key aspects Reasons for their failure: ( cont.) i) political reasons - despite being the United States the
main drivers of this organization, not ratified (via the Senate) the Covenant and never joined the
Organization. ii) On the other hand, in Europe the period between the two wars was dominated by the
disastrous consequences of the Versailles Peace, as Italy and Germany, having felt unfairly treated in
these agreements, they developed a nationalist backlash that led to the establishment of totalitarian
regimes fascist and nationalist-socialist. iii) Note that continued isolation of the Soviet Union, also
equipped with a totalitarian regime.

Thus, while the League of Nations defended disarmament if attended to an intensive rearmament; And
while condemning the violent annexation of territories, this was practiced in Europe and Africa. Unable
to effectively oppose the annexation of Ethiopia by Italy, the SDN saw his role greatly diminished in the
years immediately preceding the 2nd GGM, to leave just to exist with this outbreak. However, among the
Allies continued the idea of the necessity of creating a HI with a view to creating and maintaining future
peace. It has been argued pure and simple return of the SDN, which legally only became extinct in 1946.

Reasons fundamental aspects towards the extinction of SDN: 1. (Policies) SDN had been dominated by
France and the United Kingdom (note: the UK is made up of the Northern Ireland and GB which, in turn,
includes England, Wales and Scotland) that as a result of war, they had passed into the background,
having left the pioneering role the US and the Soviet Union, both disaffected to SDN. The first because
she never had acceded; the second, because it had been expelled in December 1939. 2. On the other
hand, the experience of SDN demonstrated that, to preside over the future peace, it was necessary a
more effective and broader powers structure. 3. Finally, the structure of SDN was incompatible with the
American project, which conceived an aristocratic form of the International Society, where the primatial
role would belong to the great victorious powers in the war - the "Santa Democratic Alliance".

Consequently: On August 14, 1941, the President of the United States (Roosevelt) and the UK PM
(Churchill), meeting aboard a warship in the Atlantic Ocean, approved the 8 items Atlantic Charter, in
that slogan: 1. The right of peoples to choose their form of government; 2. The equality of States in
access to raw materials; 3. Collaboration among states for economic and social progress; 4. The freedom
of the seas; 5. The disarming; 6. The maintenance of peace and collective security. On January 1, 1942,
adhere to these principles states that were in the fight against the Axis through UN Declaration.

The year 1944 sees the launch by the Allies of the bases of the future organization of International
Community: Ana Bretton Woods Conference it creates the IMF and the IBRD (Bank International
Reconstruction and Development); b) Chicago Conference approving the Convention of Civil Aviation
International; c) Dumbarton Oaks Conference draws up a first draft detailed the future of the United
Nations Charter. But the great powers reserved to themselves the discussion of the role that they would
play in
the future Organization. In 1945, in Yalta, the Soviet Union
, The United States and the United Kingdom: 1) decide on the division of spheres of influence in the
international community of the post-war; 1) Secure the final details of the UN structure, including the
consecration of the benefit of the veto in the Security Council.

combining the 1. Decisions taken at Yalta 2. And the project out of the Dumbarton Oaks Conference ...
It prepared the final draft of the United Nations Charter which is then subjected to S. Francisco
conference, which is signed on 26 June 1945 and entered into force on 25 October of the
same year.

Purposes and principles of the United Nations indispensable study material: the United
Nations Charter Whether the purpose or the general principles of the United Nations are set out in
Chap. I of the Charter. also read the preamble (reasons that led to its creation). Article 1.ºda Charter -
Objectives / UN Purposes: 1. Peace and international security - ratio: avoid at all costs a repetition
wars as the 1.ªe 2.ªGM; 2. Development of cordial and friendly relations among states - an indispensable
condition for maintaining peace; 3. Increase of close international cooperation in order to solve
economic, social, cultural and humanitarian problems, common to several States and the establishment
of an effective respect for the rights of the human person; 4. The United Nations should act as a meeting
point for all States of the international community.

Purposes and principles of the United Nations Article 2.ºda Charter - positive general
principles governing the United Nations: 1. The principle of sovereign equality of States - This
principle finds application in the General Assembly of the United Nations (Article 18 of the Charter), but
 suffers a derogation in the Security Council (art.º27.ºda Charter) - it follows the idea of the aristocratic
organization of the international community; 2. Principle of good faith in relations between the
member states and daíresultantes compliance with obligations; 3. General principle of peaceful
settlement of conflicts between states; 4. Principle of resignation by the member states, the
use of force, good as in respect for these should always be kept in relation to territorial integrity
and political independence of other states; 5. Principle of maintaining peace and
international security; 6. Note that, in conjunction with Articles 2, n.º 6 and 103.ºda Charter, yet the
results principle of universality UN because this demand cover all the globe States.

Purposes and principles of the United Nations negative or limiting general principles
governing the United Nations: 1. reserved domain of states principle 2. self-defense principle (both to be
studied in detail in the topic / next lesson) It is based on all these principles (positive and negative) that
usually define the United Nations Charter as "a kind of Constitution of the World Community "

16
negative or limiting general principles governing the United Nations: 1. domain principle reserved
to the States 2. Principle of self-defense A. Domain reserved by member states 1. This is a general
principle of international common law. prohibition of outside intervention in the internal affairs of
member states; 2. Main application field - relations between the United es HI's. However, its scope is
quite a controversial issue both for the doctrine, whether in the practice of HI's. 3. Article 2, paragraph
7 of the UN Charter. Confronting with article 15, paragraph 8 of the Covenant of the League. The UN
simply that the matter essentially belonging to the inner sphere, it is not necessary that belongs
exclusively to this sphere. Soon, the reserved area is wider at the UN than in SDN. 4. Note also that this
is a limitation of all UN agencies and not just one, as was the case in SDN (limited only to the Council).

1. All other rights or obligations derived from the Charter should be interpreted without prejudice respect
for the reserved area. broader scope than that stemmed from the Covenant of the League. 2. In the
Covenant system was the Council itself that it was the decision on the particular matter belonging to the
domestic law; on the contrary, the Charter is silent on this point, which creates doubts. It follows that the
principle of the reserved area has a value and a much wider range in the Charter than in the Pact. ratio:
as the UN has much broader powers of intervention than had the SDN, justified it was also necessary to
extend the guarantee given to the sovereignty of states.
Issues surrounding the interpretation to be made to article 2, paragraph 7 of the Charter: - What does
it mean " intervention "? What is the breadth of the concept? What is the action prohibited by article 2,
paragraph 7? In that case we will be facing a UN intervention? - Possible solutions: • Kelsen - any action
by UN bodies. That is, in the case of an internal jurisdiction of matter could not, then, any organ of the
Organization, in any way, mind the problem, nor make any recommendation on it; • Lauterpacht -
restricted meaning of the term "intervention" - should only be regarded as such a 'sanction' the State to
adopt certain conduct, accompanied by the use of force or the threat of force in the event of
non-compliance by the State. • AGP and FQ - Nearest building Kelsen, as, within the meaning of
Lauterpacht only one organ, the Security Council would be competent to carry out an intervention, and
even then only under Chapter VII of the Charter..

ratio Article 2, paragraph 7 which explains its length - avoid the mere discussion of a topic that fits in this
field by the UN. Adriano Moreira: "avoid the political effects of the findings of such problems (...) (for),
known the extraordinary projection of the debates in public opinion of very extensive regions of the
world." "(This) policy projection soon gives up with the inscription of the problem on the agenda of the
work (...) regardless of the outcome of the vote." Therefore, these matters should not even be discussed.
Note that in practice, UN agencies give the concept an interpretation less extensive. 5

What are the issues essentially internal? What are the materials contained in the domestic
jurisdiction and about which is prohibited encroachment of the United Nations? What criteria to use to
carry out the determination of the reserved area of the state? The) Legal test - not part of this domain
issues that have been
regulated in treated
- ICJ - "to become a party to a treaty, States assume international obligations that limit what would be
their sovereign right to decide for themselves." It is international jurisdiction issues. This was the
criterion adopted by SDN (15 paragraph 8 of the Covenant). This criterion was used by the UN General
Assembly and the ICJ - the application of the legal test was taken by some States to be insufficient,
leaving out the UN competence matters which, although not regulated by treaty, should, in his view be
examined by the UN; B) political criterion - there are issues that, in principle, are of internal relevance but
can become of international relevance when its existence affects international relations, in particular,
affect international peace and security - the international repercussions of domestic issues - was on that
basis that the UNGA and the CS were issuing recommendations to Africa South on the issue of apartheid.

What criteria to use to carry out the determination of the reserved area of State? (Cont.) R .: in practice
over the time the United Nations were applying one or other of these criteria, just that for any of them
could result jurisdiction. The trend, particularly in the AG, has been towards the UN to recognize always
competent, with few cases where it has been accepted except the reserved area. domain principle of
reserved vis-à-vis States to protect human rights: - In several opinions, particularly on the issues of the
Kurds in Iraq, Bosnia and Herzegovina and Somalia (1991 and 1992), the ICJ held that "the issue of
human rights and non-discrimination does not fall within the reserved domain of the member states" .
Thereafter, the AG and CS formulated a right (duty) of humanitarian assistance, of interference by the
UN or the international community, in the internal sphere of the member states, where they are being
threatened or violated human rights.
Who is responsible for determining whether a given specific issue or it is not in reserved domain of the
State? - The article 2, paragraph 7 of the UN Charter does not attribute competence to make such a
determination. There are therefore three possibilities: 1. O BESI UN; 2. ICJ; 3. Own State concerned. -
There are different opinions on that point. AGP and FQ argue that: The) You would need to make a list
of questions pertaining to irreducible nature to the content of state sovereignty - the reserved area; B)
The resolution of the disputed cases should be left to the ICJ that while formally being a UN agency,
offers guarantees of impartiality.

B. Legitimate defense - Expressly provided for in article 51 of the Charter - provided, contrary to what
happened in the Covenant of the League. - This right has traditionally been accepted by the Joint
International Law (both by the general principles of law, as the usual). - In the letter, the self-defense
arises as a transitional law of the member states, which can only be exercised until such time that the
Security Council will take the necessary steps to recover peace and security. - Requirements of
self-defense, article 51 of the Charter:
1. transience
; 2. Having the state suffered an "armed attack" 3. Having the state made known immediately to the CS
actions taken. If any of these requirements do not fill excessive self-defense - equivalent to an assault,
then, generates international responsibility. 9

pertinent questions: • The requirement of an armed attack seems to admit only self-defense
repressive and not legitimate preventive defense, what does not make sense because if the State
has to wait for the attack, the consequences will be much more disastrous in terms of international peace
and security. • legitimate preventive defense cases neither included in article 51: North American naval
blockade of Cuba, in 1962 (installation of missiles and launching pads for the former Soviet Union in
Cuba) or the Israeli action in Arab territory in 1967 ( Israel claimed that Egypt, among others, was
preparing to start a war against each other and, therefore, invaded Egypt by way of legitimate preventive
defense, which is a controversial issue). • Subordination of self-defense to the principle of proportionality,
ie should be limited to what is strictly necessary to prevent or suppress aggression. Otherwise: excessive
self-defense. • Legitimate individual defense (own) or legal (others); • The article 51 of the Charter
provides for an exception to the general principle of renunciation of the use of force, provided for in
article 2, paragraph 4; • Self-defense of others is true for member states to defend as non-member
states of the UN (interpretation, vide AGP and CF, p. 486)

United Nations States Clause 3 to 6 of the Charter 1. Members originating vs admitted members
(Article 3 and 4) - for more historical developments, vide AGP and CF, p. 487-489; 2. Suspension and
expulsion of a UN member state (Article 5 and 6) 3. Possibility of withdrawal, ie the UN voluntary
redundancy. The letter It is omitted accordingly, unlike what happened in the Compact SDN (Article 1,
paragraph 3). However, the principle follows from a statement without its own binding force of S.
Francisco Conference. 11

1. ( cont.) The problem began concretely when leaving the Indonesia

in 1965 and his return in 1966. 2. "The Federation of Malaya joined the United Nations in 1957. On 16
September 1963 graduated from the Malaysian Federation, joining the old territory Malay Singapore,
North Borneo (Sabah) and Sarawak. Singapore became an independent State on 9 August 1965.
Indonesia, with territorial claims on Malaysia, withdrew temporarily from the UN in 1965 to protest the
entry of this country on the Board of
Safety
. After popular uprisings and attempted a military coup in the same year, Sukarno lost power to the
Suharto military, which reinstated the country at the UN in 1966 " in wikipedia. 3. Note that there are
conflicting views regarding this right withdrawal of the UN, there is none who understands that in the
absence of provisions on this issue in the Charter only when if you notice any change in circumstances
can the same be admitted. 4. In practice, it has been admitted to the recess, despite the spirit of the
Charter was towards its negation or more limited compared to the provisions of the Compact SDN. 12
Clause 9 - composed of all UN member states; - Article 20 - has one regular session a year and special
sessions when convened by the Secretary-General at the request of the CS or the majority of the United
Nations; - The General Assembly works either in plenary or in committees. In principle, the various issues
that are on the agenda of each session are examined first by the commission and only then subject to
approval by the plenary. - There are 7 commissions. - voting - rule: AG act by a simple majority of
members present and voting - article 18, paragraph 1 and 3. - However, decisions on " important
issues "They are taken by two-thirds majority of members present and voting - article 18, paragraph
2. - What are "important issues"? - 1. R. exemplarily listed in article 18, paragraph 2; - 2. The decided by
AG as such. This matter (whether a matter is important or not) is not a major issue, so it follows the
general rule - article 18, paragraph 3. 14

What do you mean the phrase "members present and voting"? - A .: is intended to exclude abstentions.
That is, only count the positive and negative votes . - Competence - generic. 10. Clause Discussion
issues and issue recommendations Member States and / or CS. Exception: 12. article Ie the competence
of AS overridden by the primatial nature attributed to CS. Therefore, AG can not provide
recommendations about a matter which is pending in the CS, CS unless the requests (Article 12,
paragraph 1) - Within the scope of their generic competence, AG: The) It does not take binding
decisions ;
B) But sends
recommendations
devoid of binding To the member states - so when any issue requiring concrete action, should the AG
submit it to the CS - article 11, paragraph 2.
c) However, already in its specific competence In matters pertaining to the UN internal life, the decisions
of the AG have strength mandatory - article 15 to 18. The changing role of the AG in the UN framework:
it would have been created as an organ of supervision and guidance but when the cold war, and facing
the constant veto of the Soviet Union in the Security Council, the General Assembly has come to
incorporate in its resolution 377 ( 1950) that it was not possible to form unanimity in the security Council
on key issues (eg. threats to international peace and security), the AG would immediately examine the
matter and to issue the necessary recommendations. However, the very AG has a domain block
african-Asian countries, where the former Soviet Union played a major power exercising therefore your
vote based on these political relations. However, with the end of the excessive use of the veto and the
break up of the former USSR, the current trend has been in order to give back to the CS its main function
under the Charter.

security advice - Since the amendment of the Charter in 1965, the CS consists of 15 members (It was
initially composed of 11 members); of which 5 are permanent - article 23, paragraph 1. - non-permanent
council members elected for a period of two years - article 23, paragraph 2. VOTING : A qualified
majority is always required Which works as follows: The) procedural issue / procedure - 9 votes
affirmative, all of which have the same value - 27, paragraph 2. B) Other questions / issues - 9 votes
in favor, including all members permanent - logo, just one of them does not vote for (voting against. -
slide ss) for the decision no is taken - veto right of member permanentes- article 27, paragraph 3. w) the
double veto system - 1. Is that a question is procedural or not? It is for the CS I decided it. However, the
qualification of the matter is not considered a procedural matter, so it intervenes the possibility of veto
(27 § 3). In other words, a permanent member precludes that a matter to be considered merely
procedural (1 veto), and when the CS discusses the issue, opposes the taking of a given resolution. (2
veto)

- Although there are criticisms of the double veto system since it is doubtful that the issue of the
following voting procedure is not a procedural matter There is no way around this problem as without the
system of double veto a permanent member could, through a procedural maneuver the majority of CS
members see themselves deprived of the right of veto . Therefore, it became famous phrase: " without
double veto, there is no veto ". - To try to alleviate the drawbacks of this system, the AG sought early
draw up a list of "procedural issues" - resolution of 14 April 1949, which drew up the aforementioned list
of process issues. However, the CS is not bound by this recommendation. 18

It follows that the practice of CS has changed the letter of the article 27, such that the practice has been
to slow the value of the veto. Like this: 1. The abstention or absence of any of the permanent
members not implies veto. In truth, the text of article 27, paragraph 3, require the affirmative vote
 would mean that abstentions would mean veto ; 2. However, CS has held that the only negative vote
amounts to veto . 3. It is, therefore, a custom contra legem . 4. There have been criticism of this
practice because, inter alia, to be so if all permanent members abstaining, with 15 members and simply
9 favorable votes, so it is possible to adopt a decision of the CS with the abstention of the five great
powers, which would be manifestly contrary to the spirit of the Charter . 5. ( AGP developments and CF,
p. 499-501)

1. core competence - article 24. Primary responsibility for maintenance of international peace and security
(Article 24, paragraph 1) 2. In exercising that power, the Charter gives the two orders of CS powers -
article 24, paragraph 2: • Power to direct recommendations ( article 36, 38) states in dispute, for the
peaceful settlement of conflicts; • Power to make recommendations or of make decisions that
may even involve use of armed forces , in case of threat to the peace, breach of the peace or act of
aggression (Article 39, 41, 42). 3. States must obey and comply with the decisions of the CS in
accordance with Article 25 ; - Forms of cranking the armed forces and cooperation between the UN and
BORN.
2. Competence under the maintenance of international peace and security (AGP and CF, p. 508-532) •
Article 1, paragraph 1 of the Charter; • Article 24, paragraph 1 of the Charter; • A. Peaceful
settlement of disputes - article 33 to 38 Read article 33, paragraphs 1 and 2. • Means: •
3. Negotiation
4. - direct agreement between the parties; •
5. inquiry
6. - ascertainment of facts; • Whether the good offices or the mediation, a third identity intervenes (which
may be the Holy See, one HI, another State, His Holiness the Pope, the Secretary General of the UN,
etc.). However, in the third good offices merely to put the parties to negotiate or make them resume
negotiations; •
7. At mediation
8. The third proposes a concrete solution, although not mandatory, to the conflict. •
9. Conciliation
10. - endeavors to reconcile the parties; •
11. Arbitration
12. - delivery of the solution to the dispute to one or more third parties (arbitrators), to which the parties
provide for arbitration, the ability to find, according to the applicable legal rules, a solution to the conflict.
The Parties recognize that the decision that will be taken is required. • judicial settlement - legal issue
solution by a court.
Competence under the maintenance of international peace and security (AGP and CF, p 508-532.) -
cont. • If the forms contained in Article 33, paragraph 1 fail to provide a solution for the case, the parties
must submit the question to the CS, to recommend a solution (Article 37). • B. Measures put an end
to the threat to peace, breach of the peace or acts of aggression to - article 39 ff. the Charter. •
Peace-keeping ( measures to remove a threat to peace, that is, a break does not consummate the peace)
vs Peace-making ( measures to end an already consummated breach of the peace or aggression and
punila). "Hold" peace vs. "restore" peace (Article 39 and 42 of the Charter) • When the term of the SDN
- article 16 of the Covenant. economic blockade vs military sanctions. • UN Charter - it is up to the
Security Council to determine the existence of any threat to peace, breach of the peace or act of
aggression - article 39. • What steps can the Security Council take? Three (next slide).

Competence within the framework of peacekeeping and international security (AGP and CF, p. 508-532)
- cont. 1. Interim measures - can be taken even before the CS check for a threat to peace - article 40.
Invite interested parties to accept such measures; 2. non-military sanctions - article 41 in conjunction
with article 39 - economic sanctions and diplomatic. These are real decisions (and not merely
recommendations) - exemplary developments, AGP and FG p. 517-520. 3. military sanctions - if the
penalties provided for in article 41 if they had revealed "Inadequate," the article 42 allows the CS to
apply to the State offender military sanctions. May act through air forces, naval or land, carrying out the
action which "deems necessary". These measures are subject to binding decisions. The UN has its own
military means? There is one international armed force under the direct command of the CS? The blue
helmets ( UN peacekeeping forces) are forces maintenance peace UN, with multinational military forces,
so it is not a true international armed force for the suppression of conflict (Ss slide).
https://www.un.org/en/peacekeeping/ . Dr. lessons. Filipa Delgado, p. 203.

security advice Competence under the maintenance of peace and security

International
(AGP and CF, p 508-532.) - cont. " How are peacekeepers compensated? The UN has no military forces
of its own, and Member States Provide, on a voluntary basis, the military and police personnel required
for each peacekeeping operation " in http://www.un.org/en/peacekeeping/operations/financing.shtml •
The question of the definition of aggression - AGP and CF, p. 528-532 (ss class.).

Cooperation between the UN and NATO What is NATO or NATO? AGP and CF, p. 583-589,
especially 588 North Atlantic Treaty (1949) - created the BORN. Closely with the UN Charter (1945) 1.
Clause 1 2. Article 5 - intimate relationship with the article 51 of the UN Charter. 3. Article 7 - imp. 4.
Withdrawal - article 13 5. O BESI - the reference to the Council, article 9 6. Member states of NATO
- following site: http://www.nato.int/cps/en/SID-2C394CC8-364C649E/natolive/nato_countries.htm 7.
Cooperation between NATO and the UN:
http://www.nato.int/summit2009/topics_en/20-nato-un_relations.

Economic and Social Council - Article 61, paragraph 1 - Composition: 54 members elected by the UN
AG - Article 62, especially n. the 1 and 2 - competence. Trusteeship Council - Created to oversee the
administration of the trust territories, this body is about to have exhausted its function for almost all
territories subject to this status have risen to independence. - Article 86 to 91. - Development: AGP and
FQ - p. 502-503.

International Court of Justice - article 92 to 96 of the Charter and annexed Statute. - This body is
the the successor TPJI (Permanent Court of International Justice). - Article 3, paragraph 1 of the Statute
- made up of 15 members. - Who can be a judge of the ICJ? A .: article 2 of the Statute. - Possibility of
ad hoc judges - 31 of the Statute article. - The Court is only open to States - article 34, paragraph 1 of
the Statute. - Who can be ICJ member? R .: article 93, paragraphs 1 and 2 of the Charter. - Article 92 of
the Charter - the ICJ is the principal judicial organ of the UN. - Competence: -
THE) contentious
- pronouncement of judgments. discretionary power, in the sense that the ICJ can only answer the
questions submitted to it by the parties - article 36 paragraph 1 of the Statute. Be aware of, however, to
paragraph 2 under which, if the State to subscribe to the clause, may be sued in the ICJ by another state
that has also accepted the jurisdiction -
B) Advisory
- issuing opinions - article 96 of the Charter and 65 ff. of the Statute.

International Court of Justice Important note - " there is no possibility for a state to get
the Court to judicial annulment of a United Nations decision or resolution it considers
illegal. In international law there is still litigation aside the universal scale and never in the
mind of the authors of the Charter or the Statute provide for a similar means litigation for annulment
regulated in article 173 of the Treaty of Rome, according to which the members of the Community (now
European Union) (among others ) are entitled to request the Court to annul regulations or acts
emanating from Community organs. " - AGP and CF, p. 505.

- article 94 of the Charter - for UN Members undertake to comply with the ICJ's decisions on issues in
which they are parties. - quid juris for non-compliance? R .: in case of non-compliance, the execution of
judgments lies with CS suffering, therefore, the limitations inherent in the functioning of this body
(Article 94, paragraph 2 of the Charter) - Article 60 of the Statute - resource impossibility the judgment.

Secretariat • The UN Secretariat forms the largest existing administrative complex in HI's. • Clause 97
- composition. Current Secretary General - António Guterres • The Secretary-General is the principal
officer adm. UN - 97. • However, this is much more than an employee adm .: • The political importance
of their role and because eventually appear as the incarnation of the UN before the world, the SG plays
a key role in international politics. • António Guterres is the 9th UN SG. For further developments, see:
https://www.un.org/sg/en • The SG is elected by the Assembly on the recommendation of CS - article
97. • The Charter does not determine the length of his term but for subsequent agreement with CS, the
General Assembly, by resolution, set it for 5 years renewable. 30
Employees and agents who make up the Secretariat - directly appointed by the SG - article 101,
paragraph 1 of the Charter. - Exclusively international character of the responsibilities of the SG and the
Secretariat staff - independence - article 101, paragraph 1 and 2. - Competence - article 98 and 99.

17

INDIVIDUAL RIGHTS AS SUBJECT INTERNATIONAL KEY REFERENCES: FILIPA DELGADO, PUBLIC

INTERNATIONAL LAW, P. 228-239 ANDRÉ GONÇALVES PEREIRA AND FRAMES OF FAUST, MANUAL OF
PUBLIC INTERNATIONAL LAW, P. 378-410, WITH THE EXCEPTION OF POINT 7. JORGE BACELAR
GOUVEIA, MANUAL OF PUBLIC INTERNATIONAL LAW, P. 517-650. • KNOW IF THE INDIVIDUAL IS OR
NOT SUBJECT INTERNATIONAL LAW AND, IF AT ALL, TO WHAT EXTENT HAS IS IS A PROBLEM THAT
GREATER IMPORTANCE TÊMOBTIDO IN MODERN INTERNATIONAL LAW OF THE DOCTRINE. • NOTE
THAT WHEN WE TALK ON " INDIVIDUAL ", We can either be considering INDIVIDUALS AS IN LEGAL
ENTITIES , IN PUBLIC OR PRIVATE LAW OR BY MINORITIES OR PEOPLE . WE WILL, HOWEVER, DETER
US IN THE MATTER INDIVIDUAL AS INDIVIDUAL, MAKING A REFERENCE TO THE QUESTION OF
MINORITIES IN THIS STATEMENT OF MATTER. 2

DOCTRINAL CONTROVERSY • The Doctrinal DISPUTE ABOUT LEGAL PERSONALITY OF

INTERNATIONAL INDIVIDUAL RIGHT NOT REGARD TO POSITIVE LAW OF THE STATE OR THE
PROVISIONS OF THIS ES REFERRED TO INDIVIDUAL, BUT THE FOLLOWING question ES indole filoso
FICA:

The) CONCEPTION

Positivist voluntarist (Anzilotti) - The DI DIRECTLY AFFECTS ONLY THE STATES WHICH ARE THE
AUTHORS AND ITS TARGET. THE INTERNATIONAL STANDARD NEVER RESULT IN LEGAL
Modifications BALL GUY THAT WILL BE AFFECTED ONLY WHEN THE INTERNAL ORDER DI
force; b) ES CONCEPÇÕ monistic ANTIVOLUNTARISTAS : B.1) SOCIOLOGICAL French School ( Duguit,
GEORGES scellé, POLITIS) - GUY IS NOT ONLY SUBJECT OF DI, HOW, TO, YOUR SOLE
SUBJECT, SINCE THIS CURRENT DENY THE LEGAL PERSONALITY OF STATE; B.2) Kelsen - HOLDS
THAT, STATE ADDITION, ALSO A PERSON IS SUBJECT OF DI, THE EXTENT TO IT ARE
DERIVED DIRECTLY obligation ES, WHICH YOU PUNISHMENT BE COUNTED.

OF A GENERAL WAY, THE TREND MONISM WITH DI DE Primacy LEADS TO POSSIBILITY OF

ACCEPTANCE OF THE INDIVIDUAL BE SUBJECT OF DI • GOOD IN TRUTH, HOLDS UP ISSUE WITH
TECHNICAL LEGAL TO BE USED: GUY CAN BE RECEIVING INTERNATIONAL STANDARD OF DIRECT OR
THIS MAY WISH TO ACHIEVE IT ONLY THROUGH THE STATE FILING? THERE ARE TODAY THAT
THE INDIVIDUAL QUESTIONS CAN BE RECEIVING DIRECT INTERNATIONAL STANDARD. •
AGP and FQ - AFFIRM NOT HAVE DOUBTS THAT IT CAN THE INDIVIDUAL IN ABSTRACTO, BE SUBJECT
OF DI. • NO ONE DENIES THAT TODAY INTERNATIONAL STANDARD CONTEMPLATING OFTEN
SITUAÇÕ ES INDIVIDUAL , THAT IS, THAT ITS EFFECTS ON THE LEGAL reverberate BALL GUY - EX.
INTERNATIONAL HUMANITARIAN LAW, INTERNATIONAL PROTECTION OF HUMAN RIGHTS,
INCLUDING THE RIGHTS OF PEOPLES AND ETHNIC MINORITIES AND CULTURAL, ETC.

BUT OR ALL SUCH CASES WILL BE INDIVIDUAL SUBJECT OF DI AUTÓ NOMO "FOR THAT IS,
IT IS NECESSARY THAT THE INTERNATIONAL STANDARD ARISE STRAIGHT RIGHTS AND obligation ES
TO GUY "( EVEN IF SUCH ASSIGNMENT OF RIGHTS AND DIRECT obligation ES IS NOT TOGETHER
WITH A PRO POWER PRIO INTERNATIONAL CLAIM ) AGP and CF, AND DR. FILIPA DELGADO (p 228 and
229). • LOGO, THIS MEAN " INDIVIDUAL not enjoy INTERNATIONAL PERSONALITY WHERE
THE ONLY RESULT THAT ADVIER RULE FOR INTERNATIONAL DE IT BOUND STATES (...)
AND THE INDIVIDUAL, THEREFORE, ONLY FOR INDIRECTLY AFFECTED BY
INTERNATIONAL STANDARD "- IN THIS CASE THE INDIVIDUAL NO It HAD TO HAVE LEGAL
PERSONALITY INTERNATIONAL, BECAUSE IT PRO PRIO CAN NOT BE SUBJECT OF LEGAL AND
INTERNATIONAL RELAÇÕ ES, IE, CAN NOT REACT TO YOU, INTERNATIONALLY IN RELATION TO
OTHER STATES - MAY ONLY DRIVING TO YOU PRO PRIO STATE, WHICH ASSUME YOUR
PROTECTION BY THE OTHER STATE - IN THIS CASE ARE A MECHANISM BY INDIRECT
PROTECTION OF INTERNATIONAL RIGHTS AND DUTIES OF INDIVIDUALS NATIONAL OF A STATE BY
OTHER STATES, TO WHOM DOES THE NAME OF DIPLOMATIC PROTECTION.

CONCLUSION TO FIND OUT IF THE INDIVIDUAL IS SUBJECT OF DI, WE HAVE Ask whether
INTERNATIONAL STANDARD GIVES STRAIGHT RIGHTS AND DUTIES. • IF YOU CONFERIR NORMA
ES obligation or provides ACCOUNTABILITY FOR THEIR ACTS, INCLUDING CRIMINAL oriented, GUY
SURGE AS SUBJECT PASSIVE DE DI; IF YOU STANDARD CONFERIR RIGHTS, THE INDIVIDUAL
SUBJECT AS SURGE ACTIVE DE DI.

AS INDIVIDUAL RIGHT SUBJECT INTERNATIONAL JOINT - STANDARDS AND BASIC

PRINCIPLES OF DI WIDESPREAD ACCEPTANCE BY INTERNATIONAL COMMUNITY - Where
they fall CUSTOM INTERNATIONAL GENERAL, THE GENERAL PRINCIPLES OF LAW, THE GENERAL
PRINCIPLES OF INTERNATIONAL LAW, THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND
INTERNATIONAL TREATIES UNIVERSAL OR-UNIVERSAL, AS IS THE CASE OF THE CHARTER OF LOAF
ES NATIONS AND INTERNATIONAL COVENANTS ON HUMAN RIGHTS • LET'S FIND OUT IF IN
STARTING INDIVIDUAL IS OR NOT SUBJECT TO COMMON DI. ACCORDING TO THE STATEMENT MADE
BY AGP and FQ, we'd OF DIVIDE THE QUESTION IN MATTERS BECAUSE, IN YOUR OPINION, IN
CRIMINAL MATTERS

(INTERNATIONAL CRIMES) "GUY NO

IT IS LAW SUBJECT INTERNATIONAL GENERAL OR COMMON "(P. 386). WE DO NOT SEEM TO BE THAT,
HOWEVER, THE VIEW DR. FILIPA DELGADO WHEN stated that: • "ANY COMPANY HAS A repressive
system TO ENSURE THE DEFENSE OF THEIR INTERESTS ABOVE. INTEGRATED IN LITTLE THAT IS, THE
INTERNATIONAL SOCIETY NOT ESCAPE TO THIS GENERAL RULE. LONG SINCE THE INTERNATIONAL
LAW CONTAINS RULES THAT CRIMINAL ATINGEMDIRECTAMENTE GUYS SERIOUS GUILTY OF TORT . •
FOR THIS REASON, THE INDIVIDUAL IS ALSO, SINCE LONG AGO SUBJECT IMMEDIATELY A sanctioning
INTERNATIONAL LAW. THIS QUALITY IS NOT A PRIVILEGE. IN HER PLACE CONFERIR RIGHTS, THE
INTERNATIONAL STANDARD IMPORT AND YOU DUTIES WHOSE UNFAMILIARITY COMMITS
PRECISELY CRIMINAL LIABILITY, "P. 229. 7

The arguments put forward PER AGP And FQ IN DIRECTION IN CRIMINAL MATTERS, GUYS ARE NOT DI
OF SUBJECTS COMMON, GO TOWARDS THAT THE RULES REGARDING CRIMINAL PROVIDED IN
COMMON INTERNATIONAL LAW (THE OPPOSITE OF WHAT COULD POSSIBLY HAPPEN IN MATTER
CONVENTIONAL) DO NOT AFFECT DIRECTLY THE BALL OF LEGAL SUBJECT, imposing BEFORE THE
STATES AND NOT TO THOSE. • EXAMPLES DATA ARE THE PIRACY, WAR CRIMES, CRIMES AGAINST
HUMANITY OR CRIMES AGAINST PEACE WITH REGARD TO CONCLUDE WHICH THE ABOVE REFERRED
TO AUTHORS: "(...) THE DEFINITION AND REPRESSION OF INTERNATIONAL CRIMES HEAD STILL AT
THE TIME OF INTERNATIONAL LAW CURRENT, THE STATES AND THAT THE RULES OF DI who
contemplate NO Projecting DIRECTLY IN LEGAL BALL GUYS "(P. 385)

• VIEW OF THOSE AUTHORS DOES NOT MATCH WITH THE WAY DR. FILIPA DELGADO Expo is the
PROBLEM, THIS STATEMENT WITH WHICH modestly

AGREE

. • ACCORDING TO THE AUTHOR, "FROM LONG AGO THAT THE MEMBER UNDERSTANDS THAT
CERTAIN INDIVIDUALS BEHAVIOR OF SUCH SERIOUS ARE SO ARE INFRACÇÕ ES INTERNATIONAL".
EXAMPLES ARE AS FOLLOWS: a) PIRACY ON THE HIGH SEAS - INFRINGEMENT OF INITIALLY
customary ORIGIN BUT AFTER ENCODED BY GENEVA CONVENTION ON THE HIGH SEAS AND, LATER,
BY THE MONTEGO BAY CONVENTION OF 1982 10 DECEMBER. b) the slave trade - VARIOUS exist today
convinced ES condemning enslavement. c) DRUG TRAFFICKING - WAS MADE IN BREACH
INTERNATIONAL BY convince ES HAGUE (1912) AND GENEVA (1936), REPLACED BY THE CONVENTION
ONLY ON DRUGS 1961 COMPLETED BY THE VIENNA CONVENTION 1971 AND THE PROTOCOL OF 1971,
AS WELL AS OF THE 1988 Vienna Convention.

THE EXAMPLES multiply, through ILLEGAL INTERFERENCE IN INTERNATIONAL AVIATION (eg. Air

piracy) The TERRORISM

WITH NUMEROUS convince ES FOR THE PREVENTION AND SUPPRESSION OF SUCH ACTS, AMONG
OTHER (FOR FURTHER DEVELOPMENTS, VIDE FILIPA Delgado, P. 229-231). • NOTE, HOWEVER, SUCH
AS clarifies AUTHOR, "IN THE TERMS convince THAT ES ARE PARTY (UNITED) HAVE TO TAKE
OBLIGATION TO ALL REQUIRED to prevent and suppress MEASURES AS INFRACÇÕ ES PROVIDED" AS
WELL THAT " IN ALL CASES ARE NATIONAL COURTS AND NOT AN INTERNATIONAL JURISDICTION TO
FIND THE INFRINGEMENT AND THEM impose BY sANCTION "BEING SURE, AT THIS POINT, TAKE
PLACE AN APPROACH BETWEEN THE OPINION OF THE AUTHOR AND FIRST AUTHORS ABOVE
REFERRED ( THAT IT, THE CONVENTION, result obligation ES FOR STATES, NOT imposing DIRECTLY
TO INDIVIDUALS - INTERPRETING OUR). 10

A PAIR OF SITUAÇÕ ES IN THE INDIVIDUAL ACT UNDER PRIVATE (THAT IS, THE EXAMINED ABOVE),
IT IS NECESSARY TO CONSIDER THE SITUAÇÕ ES IN THE INDIVIDUAL STATE ACTING AS AGENT. •
BIG STEP IN THIS DIRECTION WAS GIVEN BY AUGUST OF LONDON 1945 8 AGREEMENT THAT
CREATED THE NUREMBERG COURT JUDGE FOR WAR CRIMINALS OF GERMAN FOR THE FIRST TIME: 1.
THE WAR CRIMES 2. CRIMES AGAINST THE PEACE AND 3. CRIMES AGAINST HUMANITY ARE
EXPRESSLY PROVIDED AND DEFINED IN CONVENTIONAL CONTEXT. AND ALSO, THE FIRST TIME, THE
AGENTS OF THE PUBLIC MAY BE SUBJECT STATE OFFENSE OF ASSETS.

ES AS INFRACÇÕ in question are: 1. CRIMES AGAINST PEACE - CRIMES AGAINST THE SOVEREIGNTY
AND TERRITORIAL INTEGRITY OF A STATE - WAR IN VIOLATION OF TREATED, AGREEMENTS, ETC.
(ARTICLE 6a OF NUREMBERG COURT OF THE STATUTE) 2. WAR CRIMES - ANY VIOLATION OF RIGHTS
AND CUSTOMS OF WAR (MURDER, ILL TREATED, FORCED DEPORTATION TO WORK AS TO POPULAÇÕ
ES OF terri tories BUSY, AND PRISONERS OF WAR OR castaways, DESTRUCTION NO REASON OF
CITIES, TOWNS OR VILLAGES) - article 6.ºB THAT STATUS, AND THE FOUR convince OF 1949 GENEVA
ES THAT CAME TO CONFIRM THE DEFINITION OF WAR CRIMES AND THE CONVENTION OF 1968 THAT
 CAME TO DECLARE the Non-OF THESE CRIMES. 3. CRIMES AGAINST HUMANITY - MURDER,
EXTERMINATION, REDUCED TO SLAVERY, DEPORTATION AND OTHER ACTS Inhuman COMMITTED
AGAINST CIVIL POPULATION BEFORE OR DURING THE WAR; PERSEGUIÇÕ ES IN POLITICAL FIELD,
RELIGIOUS, RACIAL (ART.º6.ºC OF NUREMBERG COURT OF STATUS)

4. CRIME OF GENOCIDE - THIS IS UNDERSTOOD AS ANY ACTS REFERRED TO BELOW COMMITTED TO

INTENTION TO DESTROY IN WHOLE OR IN PART A NATIONAL GROUP, ETHNIC, RACIAL OR
RELIGIOUS AS: • MURDER OF GROUP MEMBERS; • ATTACK SEVERE PHYSICAL INTEGRITY OR GROUP
MENTAL; • SUBMISSION OF INTENTIONAL GROUP CONDIÇÕ ES EXISTENCE OF THAT LEAD TO YOUR
PHYSICAL DESTRUCTION OR PARTIAL TOTAL; • Measures to impede BIRTHS IN THE GROUP
WITHIN; • CHILDREN FORCED TRANSFER TO ANOTHER GROUP A GROUP. CONVENTION ON THE
PREVENTION AND SUPPRESSION OF 1948 GENOCIDE CRIME. ONLY A, we remember what happened in
Rwanda, AS TO ETHNIC CONFLICTS BETWEEN Hutus and Tutsis AND THE EXTERMINATION AGAINST
perpetrated by Hutu Tutsis and Hutu moderates.
5.
6. INDIVIDUAL RIGHTS AS SUBJECT INTERNATIONAL (CONT.): 5. CRIME OF APARTHEID - 1973
CONVENTION ON THE ELIMINATION AND REPRESSION OF THIS CRIME. BY Clause 2, The concept
includes POLICIES AND PRACTICES OF RACIAL DISCRIMINATION AND SEGREGATION AND MATCHES
FOR A LIST OF INHUMAN ACTS QUITE NEXT GENOCIDE COMMITTED WITH A VIEW TO TRY TO GET
THE DOMINATION OF A RACIAL GROUP ON OTHER . 6. CRIME colonialism - DRIFT CUSTOM
INTERNATIONAL. CONSIDER YOURSELF AS IS THE ESTABLISHMENT OR SERVICE BY STRENGTH OF A
COLONIAL DOMINATION. FOR YOUR REPRESSION - REFERENCE TO MATTER OF INTERNATIONAL
CRIMINAL COURTS - NUREMBERG COURTS - MILITARY (CREATED IN 1945) AND TOKYO
(ESTABLISHED IN 1946); INTERNATIONAL CRIMINAL COURTS AD HOC FOR RWANDA (ACTS OF
GENOCIDE PERPETRATED IN 1994) AND FORMER YUGOSLAVIA (ACTS OF GENOCIDE, WAR CRIMES,
CRIMES AGAINST HUMANITY), BOTH CREATED BY THE UN RESOLUTION CS -V. SLIDE 16, AS TO THE
FORMER YUGOSLAVIA. "The" INTERNATIONAL CRIMINAL COURT (PERMANENT), BASED IN
THE HAGUE AND CREATED BY THE ROME STATUTE (1998), ENTERED INTO OPERATION ON
1 JULY 2002. THIS IS CONSIDERED AS AN ORDER OF FUNDAMENTAL INTERNATIONAL LEGAL
COMPONENT AND A SUPPLEMENT REQUIRED OF NATIONAL COURTS IN EFFORTS TO DO WITH
PEOPLE SUSPECTED OF COMMITTED TO HAVE WAR CRIMES, GENOCIDE OF OR CRIMES AGAINST
HUMANITY brought to justice
7.
8. RETURNING TO THE EXHIBITION OF MATTER CARRIED OUT BY AGP and CF, AND STILL IN THE
INTERNATIONAL JOINT RESPECT LAW (where they fall CUSTOM INTERNATIONAL GENERAL, THE
GENERAL PRINCIPLES OF LAW, THE GENERAL PRINCIPLES OF INTERNATIONAL LAW, THE UNIVERSAL
DECLARATION OF THE RIGHTS MAN AND TREATED INTERNATIONAL uNIVERSAL OR-uNIVERSAL, AS
 iS THE CASE OF THE CHARTER OF lOAF ES NATIONS AND THE INTERNATIONAL COVENANTS ON
HUMAN RIGHTS), DEFEND THAT THERE ARE CERTAIN AREAS IN WHICH, IN fACT, THE INDIVIDUAL'S
RIGHT OF SUBJECT INTERNATIONAL PUBLIC: a) THE RIGHT TO SELF-DETERMINATION OF PEOPLES -
THAT IS, THE RIGHT OF THE PEOPLE have available SI. THIS IS AN DI customary RULE. CURRENTLY
BUILT IN THE UN CHARTER (ARTICLES 1, No. 2 and 55) and was to be DEVELOPED BY SEVERAL
RESOLUÇÕ ES SHAREHOLDERS 'MEETING. Reference should be made STILL SEVERAL ICJ OPINIONS
ABOUT THIS TOPIC. THIS IS, IN FACT, THE Jus cogens. b) BEING THAT, AS EXPRESSLY RESULTS OF
ARTICLE 73 OF THE UN CHARTER, THIS LAW IF REPORTS TO THE PEOPLE, WE ARE RIGHT BY THE
PEOPLE AND NOT SO MUCH BEFORE HUMAN RIGHTS.
9.
10. • OTHER AREA IN WHICH THE INDIVIDUAL SEE YOUR LEGAL PERSONALITY (INTERNATIONAL) BE
GRADUALLY RECOGNIZED BY DI COMMON IS THE PROTECTION OF MINORITIES - THIS THEME WON
SPECIAL ABOVE ALL FEATURED APO OS GENOCIDE OF KURDS IN KURDISTAN IRAQI APO SA GULF
WAR 1991 or APO SA CIVIL WAR IN FORMER YUGOSLAVIA (1991-2001) - A FLAGSHIP FIGURE OF
SLOBODAN MILOSEVIC AND HIS TRIAL BY ICC (BEARING, hOWEVER, JUST DIE IN THE JUDGMENT OF
COURSE, IN 2006), CREATED ESPECIALLY TO jUDGE THE CRIMES WAR, GENOCIDE AND CRIMES
AGAINST HUMANITY THAT OCCURRED territory.
11.
12. • MINORITIES - GROUPS OF PEOPLE IN FUNCTION OF THEIR ETHNICITY, RELIGION YOUR, YOUR
CULTURE OR YOUR LANGUAGE, IF COMMON DISTINGUISHED POPULATION OF A STATE. • UN
CHARTER - MAKING A REFERENCE TO EXPRESS PROHIBITION OF DISCRIMINATION ON GROUNDS OF
RACE, SEX, OR THE LANGUAGE OF RELIGION - Article 1, No. 3; • UNIVERSAL DECLARATION OF HUMAN
RIGHTS (BY APPROVED GENERAL MEETING IN 1948) - along the same lines, in Clause 2, PARAGRAPH
1.º. • HOWEVER, WITH THE APPROVAL OF THE RIGHTS International Covenant on Civil and
13.
14. POLITICIANS
15.
16. In 1966 (approved by the shareholders), which only took effect in 1976 APPEAR, FOR THE FIRST TIME,
ASSIGNED TO MINORITY RIGHTS DIRECTLY AS SUCH. REMEMBER THE CASE STUDY RESOLVED IN
CLASS PAST - ARTICLE 27 OF THE COVENANT: • "IN THE STATES IN WHICH EXIST ETHNIC
MINORITIES, RELIGIOUS OR LANGUAGE, THE PERSONS BELONGING TO THESE MINORITIES SHOULD
NOT BE DEPRIVED OF HAVE RIGHTS, IN COMMON WITH OTHER MEMBERS OF YOUR GROUP, A PRO
YOUR PRIA LIFE CULTURAL, DE profess and practice The pRO PRIA YOUR RELIGION OR eMPLOY YOUR
LANGUAGE pRO PRIA " 17
17.
18. It is NO SUCH ARTICLE 27 OF ICCPR THAT BECOMES TODAY INTERNATIONAL PERSONALITY OF
MINORITIES - CONSECRATION OF A RULE THAT already clear common law. • HOWEVER, THAT NEEDS
TO BE PRECEPT needed, ESPECIALLY WITH REGARD TO THE CLARIFICATION OF CONCRETE obligation
 to preserve ES STATES END OF CULTURE, RELIGION AND IDENTITY NATIONAL MINORITIES; ON THE
OTHER HAND, AGP POINT AND THE CF PRECEPT SURVEILLANCE SYSTEM IS VERY WEAK. • NOTE THAT
THE MEMBERS OF MINORITIES CAN DRIVE PETIÇÕ ES THE COMMISSION OF HUMAN RIGHTS OF UN
INFRINGEMENT RECALLING ITS RIGHTS. • Watch TO A TÓ PICO INTERESTING REFERRED BY THE
AUTHORS, WITH RESPECT TO CIVIL RIGHTS, POLITICAL AND ECONOMIC OF "LUSO-CHINESE" IN
MACAU, APO SA
19.
20. ACCORDING TO THE STATEMENT MADE BY AGP and CF FOLLOWING ARE CASES IN WHICH THE
INDIVIDUAL IS OF CONVENTIONAL SUBJECT DI ( THAT IS, THE TREATY NOT BELONG TO DI
GENERAL OR COMMON, P. 119 HOWEVER, IN THE CASE OF INFRASTRUCTURE COMMON DI THIS IS))
AND THERE IS, IN FACT, "MANY CASES IN WHICH THE INTERNATIONAL STANDARD,
RESULTAMDIRECTAMENTE RIGHTS AND DUTIES TO THE INDIVIDUAL ". • AMONG OTHER EXAMPLES,
the paradigmatic IS THAT HOLDS WITH INTERNATIONAL PROTECTION HUMAN RIGHTS. • SOME
convince ES HOME IS DIRECTLY TO THE STATES, BUT OTHER HOME IS DIRECTLY TO
INDIVIDUALS. • The MEASUREMENT DIPLOMATIC PROTECTION CAN NOT BE THE ONLY, UP
BECAUSE IF INDIVIDUAL PROTECTION FACE TREAT THE STATE TO WHICH BELONGS WHEN THIS IS
YOUR MAIN OPPONENT, CAN NOT DO THAT ENFORCE YOUR RIGHTS. • The ICJ, NO OPINION ON THE
1971 CASE OF NAMIBIA clarified that ES PROVISIONS OF UN CHARTER CONTAINING SUCH AS
A PROHIBITION OF DISCRIMINATION, ARE MORE ES TO IMPOSIÇÕ

STATES
WHEREOF, PROPERLY, RIGHTS GRANTED TO INDIVIDUALS. • ALSO UNDERSTAND THAT EVEN
SUCCEED IN RELATION TO UNIVERSAL DECLARATION OF HUMAN RIGHTS ( SECOND AND AGP
FQ) - SEE ALSO DRA. FILIPA DELGADO, P. 236 239 FOR FURTHER DEVELOPMENTS - AS WELL AS THE
International Covenant on Economic, Social and Cultural Rights DE 1966. 19

• AS TO THE HOLDING International Covenant on Civil and Political Rights, SOME CASES THAT
CONTAINS RULES IN IMPORT DIRECTLY TO INDIVIDUALS, HOW IS ALREADY MENTIONED CASE
PROTECTION OF MINORITIES IN YOUR ARTICLE 27 BUT UNDERSTAND THE DOCTRINE THAT "IN
RULE ALSO YOUR RESULTS TEXT THAT obligation ES THERE ARE CONTEMPLATED
DIRECTED TO STATES " SUCH LUCK THAT AGP And FQ UNDERSTAND THAT THE RESULTS ICCPR
NOT, IN FACT, THE PERSONALITY INTERNATIONAL GUY. • SO UNDERSTAND THE SAME AUTHORS
THAT, WITH RESPECT TO PROTECTION OF HUMAN RIGHTS WAS IS FURTHER SCALE REGIONAL,
Citing SOME EXAMPLES SUCH AS: 1. EUROPEAN CONVENTION ON HUMAN RIGHTS (ECHR), 1950
WHAT ECHR CREATION VISA WARRANTY OF SUCH RIGHTS. SO, WHO COME SOLD OUT ALL THE
MEANS PROVIDED IN INTERNAL LAW TO REPAIR THE INFRINGEMENT OF RIGHTS SITUATION, NOT
HAVING OBTAINED REPAIR FAIR MAY BRING THIS COURT; 2. AMERICAN CONVENTION ON RIGHTS
MAN (SIGNED IN 1969 AND HAVING ENTERED IN FORCE IN 1978); 3. AFRICAN CHARTER OF HUMAN
RIGHTS AND PEOPLES (1981 and came into force 1986) 20

INDIVIDUAL AS SUBJECT COMMUNITY LAW - EUROPEAN UNION (BACELAR GOUVEIA, P. 628-635) - ES

BRIEF CONSIDERAÇÕ: • ONLY WITH THE TREATY OF THE EUROPEAN UNION IS THAT SUPPLIES OF
POINT OF VIEW, THE PROTECTION OF THE SUBSTANCE OF FUNDAMENTAL RIGHTS TO BE PASSED A
REFERENCE LEGISLATION EXPRESS. • RESULTS OF THE TREATY EXPRESSLY THAT THE EU "shall
respect FUNDAMENTAL RIGHTS AS THE WARRANT THE ECHR (...), and AS RESULT OF
CONSTITUTIONAL TRADIÇÕ ES OF THE MEMBER STATES, AS GENERAL PRINCIPLES OF COMMUNITY
LAW. • THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION (CFREU) includes 50
TYPES HUMAN RIGHTS (EX. RIGHT TO LIFE, INTEGRITY, LIFE RESPECT FOR PRIVATE AND FAMILY,
FREEDOM OF THOUGHT, MARRIAGE, MEETING CONTRACT, THE RIGHT TO EDUCATION, CHILDREN'S
RIGHTS, HEALTH PROTECTION, PETITION RIGHTS, FREEDOM OF MOVEMENT AND RESIDENCE,
AMONG MANY OTHERS) 21

PERSPECTIVE RICA HISTORIC: "IN JUNE 1999, THE EUROPEAN COUNCIL (O RGÃO EU) COLOGNE
SEEN IN A TIMELY CONSECRATE CHARTER FUNDAMENTAL RIGHTS CURRENT LEVEL OF THE
EUROPEAN UNION (EU), in order to give THEM A GREATER VISIBILITY. THE HEADS OF STATE OR
GOVERNMENT intended APPEAR ON THE CHARTER THE GENERAL PRINCIPLES IN CONSECRATED
EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 AND RESULTING FROM Constitutional ES TRADIÇÕ
COMMON COUNTRIES EU. FURTHERMORE, THE LETTER MUST INCLUDE THE FUNDAMENTAL RIGHTS
PRO CAPITAL OF EU CITIZENS AS WELL AS THE ECONOMIC AND SOCIAL RIGHTS IN CONSECRATED
SOCIAL CHARTER OF THE COUNCIL OF EUROPE (HI) AND COMMUNITY CHARTER OF FUNDAMENTAL
SOCIAL RIGHTS OF WORKERS . It reflects ALSO THE PRINCIPLES RESULTING FROM COURT CASE LAW
AND THE EUROPEAN COURT OF HUMAN RIGHTS. THE LETTER WAS PREPARED BY A CONVENTION
CONSIST OF A COUNTRY EACH REPRESENTATIVE OF THE EU AND THE EUROPEAN COMMISSION, AS
WELL AS FOR PARLIAMENT MEMBERS EUROPEAN AND NATIONAL PARLIAMENTS. WAS FORMALLY
ADOPTED IN NICE, IN DECEMBER 2000, THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL AND
THE EUROPEAN COMMISSION. IN DECEMBER 2009, WITH THE ENTRY INTO FORCE OF THE LISBON
TREATY, THE LETTER WAS INVESTED BINDING LEGAL EFFECT, THE LIKENESS OF TREATED. TO THIS
END, THE LETTER WAS AMENDED AND PROCLAIMED THE SECOND TIME IN DECEMBER 2007 ".

INTRODUCTION AS REFERRED EDUARDO CORREIA BAPTISTA, "SIDE BY SIDE WITH THE UNITED AND
HI'S THAT CONTINUE TO BE THE SUBJECT OF PURCHASE WHICH THE EXTENDED RANGE MORE
RIGHTS AND DUTIES INTERNATIONAL, THERE ARE MANY OTHERS INTERNATIONAL". 23
THE "OTHER SUBJECTS" / "SUBJECT UNDER" THERE ARE, THIS propose SITO AND TITLE Introductory
RIO, TWO TYPES OF INTERNATIONAL SUBJECT: The) THOSE WHO ARE CREATED BY STATES WITHIN
THEIR POWER STRUCTURE, CAN PRECISELY THOSE GIVEN THEM THE CAPACITY to act DI LIGHT - The
paradigmatic example FEDERATED STATES OF. "VARIOUS ES CONSTITUIÇÕ federal states or ALLOW
THE SAME TO OTHER BODIES OF PUBLIC UNDER THE TREATED CONCLUSION ". PASS THAT IS FOR
EXAMPLE WHERE IN CANADA, THE LIGHT OF CANADIAN CONSTITUTION, THE QUEBEC HAS
JURISDICTION IN MATTERS DISCUSSED FOR APPROVAL TO FIT IN THEIR SCOPE OF attributions ES,
AS WELL AS SOME CORNER ES SWISS CONSTITUTION BY SWITZERLAND. Examples of this type are
entities beyond the Federal States, Territo THE AUTONOMOUS rivers, Regal ES ADMINISTRATIVE
POLICIES OR LOCAL AUTHORITIES, among others. 24

NOTE THAT YOUR INTERNATIONAL LEGAL PERSONALITY, TO HAVE BEEN GRANTED TO THEM BY THE
STATE THAT CREATED, BY THIRD PARTIES MUST BE RECOGNIZED THAT THEY MAY BE enforceable.
THAT IS, AS MONTEVIDEO CONVENTION resulted ON THE RIGHTS AND DUTIES OF THE STATE (1933),
" Constitute THE FEDERAL STATE SHALL SOLE PERSON IN THE EYES OF INTERNATIONAL LAW ". THAT
IS, "A STATE MAY BE ASSIGNED TO A PERSONALITY INTERNATIONAL ENTITY INTERNAL BUT SUCH
DOCUMENTS WILL ONLY LEGAL RELEVANCE TO YOU IMMEDIATE PRO PRIO. ONLY BE enforceable
against third parties ACCEPT IF THESE RELATE TO THIS AUTHORITY TO DI LIGHT ", ECB. THAT IS,
THESE ENTITIES HAVE AN INTERNATIONAL LIMITED CAPACITY AND ONLY IS FORMALLY BOUND BY
DI ASSUME WHEN obligation ES VALID. PURSUING THE SAME AUTHOR THAT "ONLY IF THE LEGAL
PERSONALITY OF ONE OF THESE ENTITIES HAS BEEN ACCEPTED BY A THIRD PARTY, FOR EXAMPLE,
A CELEBRATION WITH THIS TREATY, DOES THAT PASS TO BE ANSWERED BY THIS
INTERNATIONALLY. ONLY THESE CASES WILL INDEMNIFY THE TREATY OF NON-COMPLIANCE AND
NOT YOUR STATE ", P. 326.

THE "OTHER SUBJECTS" / "SUBJECT UNDER" B) NEXT TO THESE ENTITIES, WE HAVE THOSE WHICH
IS IN CONFLICT WITH THE STATE, THAT IS, THE FIGHTING AGAINST THIS FORM OF ARMED.
ENTITIES OF THIS IS THAT THE STATE DOES NOT CONTROL AND MAY HAVE A SIGNIFICANT POWER
TO AFFECT IN PARTICULAR STATES AND HI'S. - ECB EMPHASIZES THAT "CAN NOT BLAME THE STATE
FOR THE ACTS OF THESE GROUPS, DAÍQUE EARLY SE FELT THE NEED FOR THE LINK DIRECTLY TO
INTERNATIONAL LAW AND THEREFORE OF THE CUSTOM INTERNATIONALLY." • ENTITIES PRO
-ESTADUAIS - "ARE ENTITIES traffic RIAS, UNLIKE WHAT HAPPENS WITH STATES, WISHING TO TAKE
IN WHOLE OR ALMOST ENTIRE, attributions ES ALLIED STATES." DRA. FILIPA. THIS CATEGORY
cover: • REBELS belligerent; • NATIONAL MOVEMENT OR NATIONAL LIBERATION.
The HOLY SEE - AGP and CF, P. 369 and SS. • HOLY SEE - O SET BESI HEADING THE CHURCH Cato
LICA. • ACCORDING TO ARTICLE 7 OF CODEX IURIS Canonici, The HOLY SEE UNDERSTAND "BEYOND
THE POPE ROMAN, THE CONGREGAÇÕ ES, COURTS AND CRAFTS BY WHICH THE POPE ROMAN SE
SQUAT AFFAIRS OF UNIVERSAL CHURCH". • NOTE THAT IS THE HOLY SEE - AND NOT CHURCH Cato
LICA - THAT IS SUBJECT OF DI. • Cato LICA CHURCH MEANS FAITHFUL COMMUNITY, BUT NOT HAVE
LEGAL PERSONALITY. • THAT WAS WHAT CAME EXPRESSLY SET IN THE LATERAN TREATY WHERE, IN
ITS ARTICLE 2 CAN READ THAT "ITALY RECOGNIZES THE SOVEREIGNTY OF THE HOLY SEE IN THE
INTERNATIONAL FIELD, AS ATTRIBUTES INHERENT TO ITS NATURE IN ACCORDANCE WITH ITS
TRADITION AND WITH THE REQUIREMENTS OF HIS MISSION IN THE WORLD" .

The Holy See (CONT.) • INTERNATIONAL PERSONALITY OF THE HOLY SEE HAS NEVER BEEN PUT IN
QUESTION, having also ARISING WITH PRO PRIO DI. IS RECOGNIZED BY THE SAME NOT Cato Licos. •
A HISTORIC PERSPECTIVE RICO, WHEN, IN 1870 ROME WAS ATTACHED TO THE ITALIAN STATE,
became extinct SOVEREIGNTY PAPAL, ALTHOUGH THE ITALIAN STATE HAD COMMITTED TO BE
RECOGNIZED IF THE NATURE OF THE HOLY SEE INTERNATIONAL. • IN THIS REGARD, WE CALL LAW
OF WARRANTIES, 1871 OF 13 MAY WHERE WERE TWO IDEAS based FUNDAMENTAL: 1.
SOVERIGNTY and independence of the Holy See - from which derives may maintain ES RELAÇÕ
DIPLOMATIC COMOUTROS States; 2. DENIAL OF YOUR POWER TIME - THAT IS, THE SOVEREIGNTY
OVER TEMPLES AND SANTA palaces BELONGS TO ITALY AND THE HOLY SEE subjects HAVING
NATIONALITY ITALIAN is assigned ALL DUTIES TO CITIZENSHIP RESULTEMDESSA. HOWEVER, THIS
SCHEME (THAT AN INTERNAL LAW DRIFT) NEVER BEEN ACCEPTED BY THE HOLY SEE - HAVING THUS
ARISING THE FAMOUS "ROMAN QUESTION" (NAME GIVEN TO THIS CONFLICT)

The Holy See (CONT.) "ROMAN QUESTION" (1871-1929) • THROUGH IS THUS A DIFFICULT PERIOD
RELAÇÕ ES BETWEEN THE HOLY SEE AND ITALY THAT JUST CAME TO END IN 1929 • HOWEVER, EVEN
DURING THIS PERIOD, THE INTERNATIONAL LEGAL PERSONALITY OF THE HOLY SEE HAS NEVER
BEEN DENIED, distinguished ITALIAN STATE • CURRENTLY, THE RELAÇÕ ES BETWEEN ITALY AND THE
HOLY SEE MEET GOVERNED BY INSOLVENCY 1984 OF 18 FEBRUARY, CONFIRMED THAT
INTERNATIONAL STATUS OF THE HOLY SEE. LATERAN AGREEMENTS • ONLY 11 FEBRUARY 1929 IS
PUT TO THE TERM DERIVATIVE S STATE OF WARRANTIES OF LAW, BY SIGNING OF AGREEMENTS
LATERAN, COMPRISING: 1. A FINANCIAL AGREEMENT; 2. AN INSOLVENCY - WHICH SET THE CULT OF
SITUATION IN ITALY LICO Cato; 3. The Lateran Treaty - REGULATE THE RELAÇÕ ES BETWEEN THE
HOLY SEE AND ITALY, THE PLAN INTERNATIONAL. 29
LATERAN AGREEMENTS (CONT.)

O The article 26.ºDO LATERAN TREATY DECLARES THAT THE HOLY SEE CONSIDERS " DEFINITELY

AND IRREVOCABLY RESOLVED, AND CONSEQUENTLY ELIMINATED, THE ROMAN QUESTION, AND
ACKNOWLEDGE THE KINGDOM OF ITALY UNDER THE DYNASTY HOUSE SABO IA, WITH AS ROMA
ITALIAN STATE CAPITAL " O POINT OF MOST IMPORTANT LATERAN AGREEMENTS - RECOGNITION
SOVEREIGNTY OF THE HOLY SEE AND YOUR EXCLUSIVE JURISDICTION OVER Territo
VATICAN CITY RIVER - GIVING SO THE INDEPENDENCE OF THE HOLY SEE A BASE

TERRITORIAL

AND ELIMINATING THE DIFFICULTIES WHICH HAD WARRANTIES OF LAW OF INCOME. This was
essential because SEATING APOSTOLIC LICA MEET "stuck" ITALIAN IN territory. O HOWEVER, it should
be noted, PERSONALITY INTERNATIONAL SEE RESULTS SANTA COMMON INTERNATIONAL LAW. O It
is noteworthy that THESE AGREEMENTS REMAIN IN FORCE AND WHICH WERE CONFIRMED BY THE
ITALIAN CONSTITUTION article 7.ºDA 1947. 30

The VATICAN CITY • Clause 26 of the Lateran Treaty, "ITALY ACKNOWLEDGE The CITY STATE

VATICAN

UNDER THE SOVEREIGNTY OF THE POPE ". • IT IS CLEAR OF VARIOUS PROVISIONS OF THIS TREATY
ES IF YOU WISH TO APPLY THE TERM STATE On the other PRO PRIO . • HOWEVER, IF EITHER EMPLOY
THE TERM "STATE" WHEN THERE ARE REFERENCES TO THE HOLY SEE OR THE VATICAN CITY.
HOWEVER, AGP and FQ STRESS THAT "IN ACCURACY, BUT THE question ES ARE DIFFERENT AND
ONLY IN RELATION TO VATICAN CITY CAN PUT YOUR PROBLEM NATURE RO STATE "... • ... BUT ... "IT
WILL BE A TRUTH VATICAN CITY A STATE"? 1. THE QUESTION IS TO KNOW DIFFERENT IF THE HOLY
SEE HAS PERSONALITY OR NOT INTERNATIONAL THAT AS WE, HAVE IN FACT AND BEFORE LATERAN
AGREEMENTS; 2. THE SITUATION OF THE HOLY SEE, THE INTERNATIONAL PLAN IS STATE OF
DISTINGUISHED short. 3. THE QUESTION IS TO KNOW IF, NEXT TO THE HOLY SEE, THERE IS A STATE

VATICAN

. 31
... BUT ... "IT WILL BE A TRUTH VATICAN CITY A STATE"? 1. A PART OF THAT BELIEVES DOCTRINE ON
- HOLDING HER THAT IS THREE STATE CONCEPT ELEMENTS: territory

(AS DELIMITED IN LATERAN TREATY) POPULATION

(SET OF CITIZENS WHO ARE HABITUAL RESIDENCE IN THE CITY, IN TERMS article 9 of the Lateran
Treaty, and which enjoy VATICAN NATIONALITY) AND POLITICAL POWER THAT IS THE POPE UNDER
THIS DESIGN, THE VATICAN 'D ABSOLUTE STATE, WITH TOTAL CONCENTRATION OF POWERS. THIS
IS, HOWEVER, A MINORITY OPINION ON THE DOCTRINE AND SECOND AGP FQ (NOT FOR THE MEDIA
THAT successively REPORTAMAO "IS" THE VATICAN); 2. ADOPTED BY A MAJORITY OF TEACHING
POSITION (WHERE AND INCLUDES AGP FQ) WILL DENY THE DIRECTION TO THE CHARACTER OF
STATE VATICAN CITY. ARGUMENT: MISSING ELEMENT

HUMAN

OR THE NATIONALITY VATICAN NOT A LINK POLICY BETWEEN CITIZENS AND THE STATE, BUT A
MERA QUALIFICATION FUNCTIONAL, THAT ONLY HARD AS THE INDIVIDUAL EXERCISE FUNCTION ES
THE VATICAN AND DOES NOT DISAPPEAR YOUR TRUE NATIONALITY, MAKING YOU LOSE THE
FEATURE STAYING THAT DEFINE THE NATIONALITY. 32

BUT ... "IT WILL BE A TRUTH VATICAN CITY A STATE"? ACCORDING TO THE SECOND SUCH OPINION,
ARISE STILL A QUESTION OF POLITICAL POWER OF ABSENCE, HOLDING THAT WHAT ARE SERVICES

ADMINISTRATIVE

(WHICH, ACCORDING TO THE TREATY LATERAN SOME RACING THE HOLY SEE AND OTHER STATE TO
ITALIAN). • SURFACE THAT THE VATICAN CITY IS NOT RIGHT SUBJECT INTERNATIONAL, FOR ALL
INTERNATIONAL ACTS ARE AWARDED BY THE HOLY SEE, EVEN SAY ABOUT A SPECIFIC PROBLEMS
Territo VATICAN RIO. • CONCLUSION - LEFT SO, TO VATICAN CITY, THE IDENTIFICATION ELEMENT

TERRITORIAL

. • SOVEREIGNTY OF EXERCISE ABSTAIN FROM ITALY ON THE RIVER VATICAN terri - TREATING IS A
SPECIAL IMMUNITY (SIMILAR TO THAT OF THE SEATS enjoy'S HI)

INTERNATIONAL LEGAL CAPACITY OF THE HOLY SEE • NOT BEING A STATE, THE HOLY SEE HAS NO
CAPACITY PLENITUDE LEGAL INTERNATIONAL, WHICH ONLY BELONGS TO THE SOVEREIGN STATE. •
HOWEVER, THE HOLY SEE IS THE SUBJECT OF WHICH DI CAPACITY MORE APPROACHES THE
SOVEREIGN STATE. ALTHOUGH NOT HAVE IUS BELLI, HAS: •

IUS TRACTUM - CELEBRATING INTERNATIONAL TREATIES, WHICH OFTEN GIVE YOURSELF THE NAME
OF concordatas

WHEN IN OBJECT HAVE SET THE LEGAL STATUS OF CHURCH Cato LICA IN PARTICULAR STATE AND •
IUS LEGATIONES - THROUGH DIPLOMATIC AGENTS PERMANENT ( nuncios) Or extraordinary ( LEGACY)
Enjoyed OF PRIVILEGES OF DIPLOMATIC AGENTS IN GENERAL WITH SPECIALTIES CV OF 1961 ON
VIENNA DIPLOMATIC IMMUNITY - IS EXPRESSLY CONTEMPLATED THE SITUATION OF DIPLOMATIC
AGENTS OF THE HOLY SEE 34

Clause 24 of the Lateran Treaty - The HOLY SEE "DECLARES THAT WANT TO STAY AND REMAIN TO
OTHERS 'CONFLICTS TEMPORARY RELATING TO OTHER STATES, AND THE INTERNATIONAL MEETING
ES convened THAT END, UNLESS THE PARTIES IN DISPUTE DO CALL UNANIMOUS YOUR PEACE
MISSION, BOOKING IS IN EACH CASE TO COLLEGE ENFORCE YOUR MORAL AND SPIRITUAL POWER
". • IN SHORT: " The HOLY SEE, despite HAS INTERNATIONAL LEGAL PERSONALITY, NOT A SUBJECT
WITH CAPACITY FULL LEGAL AND ONLY ENJOY THE RIGHTS REQUIRED TO FURTHER JOB IS YOUR
SPIRITUAL REASON FOR BEING "- AGP and CF, P. 376. • Attention is drawn EVEN IF THE HOLY SEE,
VATICAN CITY HAS THE STATUS OF MEMBER OF UN OBSERVER

AS NON-GOVERNMENTAL ORGANIZAÇÕ ES - NGOs (AGP and CF, P. 402-405, AMONG OTHERS) i. "ARE
ALWAYS NON-PROFIT CORPORATIONS PURPOSE, CREATED BY INITIATIVE OR MIXED PRO PRIA,
WHOSE OBJECTIVE IS TO INFLUENCE OR CORRECT THE ACTION OF THE SUBJECT OF DI, ESPECIALLY
THE UNITED SOVEREIGN AND HI'S" ii. EMERGENCE: CENTURY. XIX, THAT IS, EVEN BEFORE HI'S TYPE
INTERGOV. iii. CURRENTLY ARE IN THOUSANDS OF SOME NUMBER AND ITS ACTIVITY INCIDE IN
VERY DIFFERENT SECTORS OF PUBLIC INTEREST: CULTURAL, SCIENTIFIC, EDUCATIONAL,
HUMANITARIAN, RELIGIOUS, SPORTS, ETC. iv. NGOS HAVE NEED LEGAL PERSONALITY OF A
NATIONAL LAW ANY STATE. STATE GRANT TO THEM RIGHT PERSONALITY IN INTERNAL delegates
NGO'S POWERS FOR THE PURSUIT OF ITS ACTIVITIES.

AS ORGANIZAÇÕ ES NON-GOVERNMENTAL - NGOs (AGP and CF, P. 402-405, AMONG OTHERS) -

(CONT.) i. EXAMPLES NGO'S MOST KNOWN AMONG MANY OTHER: 1. RED CROSS - DOMAIN
HUMANITARIAN; 2. INTERNATIONAL OLYMPIC COMMITTEE - NO SPORT PLAN; 3. GREEN PEACE -
EMMATÉRIA ECOLOGICAL; 4. INTERNATIONAL LAW ASSOCIATION - NO SCIENTIFIC SCOPE, ETC. •
THE NGO'S enjoy a LEGAL PERSONALITY OF DI VERY BEGINNER; • YOUR LEGAL CAPACITY IS LIMITED
TO "PUBLIC SERVICE" TO CONTINUE. • EX .: RED CROSS INTERNATIONAL - formed under the law
INTERNAL Swiss. PLAYS ES FUNCTION THAT HAVE RELEVANCE FOR DI THE EXTENT THAT IT HAS ITS
POSITION PURPOSE OF "PUBLIC SERVICE INTERNATIONAL" IN THE FIELD HUMANITARIAN - LOGO,
AMONG OTHER RIGHTS, SHE ENJOY THE RIGHT TO INTERVENE OF THE TERRITORY OF OTHER
STATES IN HUMANITARIAN reason ES indole.

MANY HI'S RECOGNIZE THE FUNCTION ES NGO ADVISORY ON YOUR SPECIFIC ACTION AREA. EX .:
CHARTER UN ART.º71.º. • THE EUROPEAN SPACE WAS SIGNED AN AGREEMENT BY THE COUNCIL OF
EUROPE STATES "ON THE RECOGNITION OF THE LEGAL PERSONALITY OF NON-GOVERNMENTAL
ORGANIZAÇÕ ES". NOT INTEND TO ASSIGN THEM A NEW LEGAL PERSONALITY DI, BUT ONLY BE
GRANTED THEM A RIGHT FULL RECOGNITION OF RIO in the territory OTHER PARTIES

CONTRACTING

. • CONCLUSION - "NGOS has increased ITS IMPORTANCE IN INTERNATIONAL SCENE, playing HAVE A
ROLE AS RELEVANT PRESSURE GROUPS IN SEVERAL HI'S WITHIN (...)", AGP and CF, P. 405.

The SAR AS SUBJECT OF DIP - DRA. FILIPA DELGADO

STATES: ARE SUBJECT FULL RIGHTS INTERNATIONAL ONCE YOUR PERSONALITY OF INTERNATIONAL
SHALL PRO PRIO FACT EXIST; • THE SUBJECT UNDER ARE CREATED BY MEMBER: • YOUR
PERSONALITY IS NOT NECESSARILY enforceable against third parties: • BE IT WILL RECOGNIZE IF
THESE SO 41

SO, A SUBJECT INTEGRATED IN THE STRUCTURE OF THE STATE WHO IS GRANTED BY THIS SAME
STATE OR PERSONALITY INTERNATIONAL TREATY CONCLUDED TO ENTER in relation of ES WITH
OTHER SUBJECTS WITH PERSONALITY INTERNATIONAL, LIES STATE JURISDICTION SUBJECT TO
THAT CREATED AND YOUR PERSONALITY INTERNATIONAL IT DEPENDS OF INSTRUMENT THROUGH
WHICH WAS IMPOSED. • ON THE OTHER HAND, THIS ACT ALONE PRODUCES INTERNAL EFFECTS
UNLESS THAT IS RECOGNIZED BY OTHER STATES.

MORE PARTICULAR IS THE CASE OF REGAL ADMINISTRATIVE SPECIAL HONG KONG AND MACAU •
YOURS PERSONALITY INTERNATIONAL SHALL: • THE CONSTITUTION OF THE PEOPLE'S
REPUBLIC OF CHINA + • BASIC LAWS OF RAEK AND SAR + • OF THE JOINT DECLARATION ES BELL
BRITISH ON HONG KONG MATTER OF 1984 AND SINO-PORTUGUESE ON MACAU MATTER OF 1987.

ARTICLE 31 CRPC • STATE CAN CREATE Regio ADMINISTRATIVE SPECIAL WHENEVER

NECESSARY. THE SCHEMES INSTITUTE IN REGAL SPECIAL ADMINISTRATIVE BE DEFINED BY LAW to
enact BY NATIONAL CONGRESS PEOPLE IN THE LIGHT OF SPECIFIC CONDIÇÕ EXISTING. • PRINCIPLE
" ONE COUNTRY, TWO SYSTEMS "- on the territory SAR RIVER WILL NOT BE APPLIED THE SYSTEM
AND THE SOCIALIST POLICIES IN FORCE IN THE PRC AND KEEP WILL UNCHANGED THE EXISTING
SOCIAL SYSTEMS Economic and THE LAWS AS WELL AS Territo THE LIVING WAY RIVER DURING FIFTY
YEARS - VIDE ART.º5.ºE 8.ºDA LB.

II.2 JOINT DECLARATION LUSO-CHINESE • A SPECIAL ADMINISTRATIVE REGION WILL BE

SUBORDINATED TO MACAU DIRECTLY POPULAR GOVERNMENT OF THE CENTRAL PEOPLE'S REPUBLIC
OF CHINA AND Will enjoy a high autonomy LEVEL, EXCEPT IN RELAÇÕ ES EXTERNAL AND
DEFENSE, WHICH ARE THE GOVERNMENT COMPETENCE POPULAR CENTRAL. In the Macau Special
Administrative Region DE BE empowered EXECUTIVE INDEPENDENT legislative and
judicial trial including the LAST INSTANCE calls. •

NOTE THAT AS REFERRED BY PROFESSOR FILIPA DELGADO " AT

REGAL ES AUTÓ NOMAS HAVE ANY LESS THE POWERS THAT THE RAES ". ONLY THOSE MAY, THE
LEGISLATIVE POINT OF VIEW, WORKING REGULATIONS APPROVAL DEPENDENT PRIOR BY THE
STANDING COMMITTEE OF THE NATIONAL ASSEMBLY OF PEOPLE AND ITS EXECUTIVE POWER IS
LIMITED.

• ON THE CONTRARY, AS DEFENDING MICHAEL DAVIES REFERRING HK (WHAT NOT APPLY, By

analogy, MACAO), THIS HAS A territory CUSTOMS SEPARATED, A TAX SYSTEM PRO PRIO, LAW PRO
PRIAS WITH REGARD TO MONETARY POLICY, THE TRADE AND BANKING ACTIVITIES, THE ISSUANCE
OF CAPACITY ALONE PRO TRAVEL DOCUMENTS PRIO TO INPUT AND OUTPUT OF PERSONS,
INCLUDING CHINA AND MAINTENANCE A SYSTEM Economic and LEGAL PRO PRIO. 46

ARTICLE 62 CRPC • O NATIONAL PEOPLE'S CONGRESS ES performs the following FUNCTION

AND AUTHORITY: • 13 DELIBERATE ON THE ESTABLISHMENT OF REGAL SPECIAL ADMINISTRATIVE
AND THEIR ORGANIZATION SYSTEMS; 48

JOINT DECLARATION ON THE PORTUGUESE-CHINESE MACAU ISSUE 1987 HIGH DEGREE RANGE
VII. WITH THE NAME " MACAU, CHINA »A SPECIAL ADMINISTRATIVE REGION MACAU MAY
MAINTAIN AND DEVELOP BY SI PRO PRIA, RELAÇÕ ES Econo MICAS AND CULTURAL AND IN THIS
CONTEXT CONCLUDED AGREEMENTS WITH COUNTRIES, regal ES and ES ORGANIZAÇÕ
INTERNATIONAL ENGAGEMENT. O OF THE GOVERNMENT of Macao Special Administrative
MAY ISSUE ALONE PRO PRIO, TRAVEL DOCUMENTS FOR ENTRY AND EXIT Macao. • NOTE
THAT THE DOCUMENT BASICS NODE S SHALL LB, TO THE EXTENT THAT THIS LAST PLAY IN PART,
THE CONTAINED IN THE DC.

MACAU LAW BÁ MUSIC • Adopted on 31 March 1993 by the first session THE EIGHTH LEGISLATURE
popular assembly NATIONAL REPUBLIC OF CHINA and promulgated by Decree No. 3 PRESIDENT OF
THE REPUBLIC OF CHINA to take effect on 20 DECEMBER 1999 • ARTICLE 13.º- AS TO EXTERNAL ES
RELAÇÕ • CENTRAL GOVERNMENT PEOPLE ARE RESPONSIBLE FOR MATTERS OF EXTERNAL RELAÇÕ
ES RELATING TO MACAU SPECIAL ADMINISTRATIVE REGION. • THE MINISTRY OF FOREIGN deny
CIOS REPUBLIC OF CHINA MAKES A REPRESENTATION IN MACAU TO TREAT AFFAIRS OF EXTERNAL
RELAÇÕ ES. • POPULAR GOVERNMENT AUTHORIZING THE CENTRAL SPECIAL
ADMINISTRATIVE REGION MACAU TREAT ALONE PRO PRIA AND UNDER THIS LAW ON
FOREIGN AFFAIRS CONCERNING. 51
ARTICLE 40 • THE PROVISIONS ES, WHICH APPLY TO MACAU, of the International Covenant on Civil
and Political Rights, the International Covenant on Econo RIGHTS monkeys, SOCIAL AND CULTURAL
RIGHTS, AND OF convince ES INTERNATIONAL LABOR, remain applicable and APPLY BY LAW THE
MACAO SPECIAL ADMINISTRATIVE REGION. • RIGHTS AND FREEDOMS enjoyed by MACAO RESIDENTS,
MAY NOT BE RESTRICTED EXCEPT AS PROVIDED IN THE CASE LAW. SUCH RESTRIÇÕ ES CAN NOT
contrary to the provisions PREVIOUS IN PARAGRAPH OF THIS ARTICLE.

ARTICLE 50 • COMPETE TO EXECUTIVE CHEF'S SPECIAL ADMINISTRATIVE REGION MACAU: • 13)

DEALING ON BEHALF OF ADMINISTRATIVE REGION OF THE GOVERNMENT OF MACAU SPECIAL ON
FOREIGN AFFAIRS AND OTHER MATTERS WHEN AUTHORIZED BY THE CENTRAL AUTHORITIES; 53

ARTICLE 112 • A SPECIAL ADMINISTRATIVE REGION MACAU IS A SEPARATE CUSTOMS

territory. • A SPECIAL ADMINISTRATIVE REGION OF MACAU CAN TAKE PART, USING THE
DENOMINAÇÃ OF 'MACAU, CHINA' IN ORGANIZAÇÕ ES INTERNATIONAL AND
AGREEMENTS COMMERCIAL INTERNATIONAL INTERESTED, SUCH AS THE GENERAL
AGREEMENT ON TARIFFS AND TRADE AND AGREEMENTS ON INTERNATIONAL TRADE IN TEXTILES
INCLUDING TRADE ARRANGEMENTS PREFERRED. • EXPORT QUOTAS, RATES PREFERRED AND OTHER
SIMILAR ARRANGEMENTS OBTAINED BY THE MACAO SPECIAL ADMINISTRATIVE REGION AND
OBTAINED PREVIOUSLY THAT REMAIN VALID ARE USED EXCLUSIVELY IN HIS BENEFIT PRO PRIO.

ARTICLE 134 • ES association CHILDREN OF THE POPULARES education, science, technology, culture,
news media, sports, recreation, PROFESSION, MEDICINE AND CHEERS, WORKERS, WOMEN, YOUNG,
CHINESE ALIEN RETURNEES, SOCIAL ASSISTANCE AND SOCIAL WORK AND OTHER AS WELL AS THE
ORGANIZAÇÕ ES RELIGIOUS GIVES REGION MACAO SPECIAL ADMINISTRATIVE, MAY MAINTAIN AND
DEVELOP RELAÇÕ ES with its counterparts OTHER COUNTRIES AND REGAL BY WORLD AND WITH
association CHILDREN AND ORGANIZAÇÕ ES ES RELATED INTERNATIONAL AND MAY, IN
ACCORDANCE WITH THE REQUIREMENTS, USE OF NAME "MACAO, CHINA »WHEN PARTICIPATE IN
THEIR ACTIVITIES.

Chapter VII. EXTERNAL AFFAIRS • ARTICLE 135 • REGIONAL GOVERNMENT REPRESENTATIVES

MAY PARTICIPATE SPECIAL ADMINISTRATIVE MACAU, AS MEMBERS OF THE GOVERNMENT
DELEGAÇÕ ES REPUBLIC OF CHINA IN DIPLOMATIC NEGOCIAÇÕ ES CONDUCTED BY POPULAR
CENTRAL GOVERNMENT THAT ARE DIRECTLY RELATED TO THE MACAU SPECIAL ADMINISTRATIVE
REGION.

It IS AT VIA THIS AND FOLLOWING ITEMS THAT WE MAY RETIRE AND DEFEND LEGAL
PERSONALITY OF SAR: • ARTICLE 136 • A SPECIAL ADMINISTRATIVE REGION OF MAY MACAO
WITH THE NAME "MACAU, CHINA ' KEEP AND DEVELOP BY SI PRO PRIA, RELAÇÕ ES,
CONCLUDED AGREEMENTS AND RUN WITH COUNTRIES AND REGAL ES ES OR
ORGANIZAÇÕ INTERNATIONAL INTERESTED IN DOMAINS APPROPRIATE, In particular
those of economy, trade, finance, shipping, ES COMMUNICATION, tourism, culture, science, technology,
and sports. 57

"IF LB recognizes the SAR CAPACITY FOR INTERNATIONAL END TREATED WITH like Pro PRIA and other
purposes (such as the participation TION IN organization IONS INTERNATIONAL) ALS have it A and
GRANT MEAN international capacity in general terms RIGHT, THE AWARD OF THE lEGAL PERSONALITY
TO THE IMPLIED Macao, SINCE WITHOUT lEGAL PERSONALITY DO NOT'S CAPACITY. THAT IS, IF YOU
ACKNOWLEDGE TO A SAR TRACTUM IUS ( EVEN IF LIMITED TO CERTAIN MATERIALS) AND BEING A
TREATY A WILLS AGREEMENT BETWEEN INTERNATIONAL LAW SUBJECT The Enta THE

Macao BE WITHOUT LIFE du SHADOW, A LAW SUBJECT INTERNATIONAL LIMITED CAPACITY IS RIGHT,
BUT DO NOT LOSE THAT IN ESSAQUALIDADE. • ORA, Ana ANALYSIS OF RESULTS PRECEPTS
TRANSCRIPTS CLEARLY THAT ALLOWS PARTICIPATION LB Ã AUTÓ NOMA OF SAR IN LIFE
INTERNATIONAL. IF WE HAVE THIS THAT ANY OR ANY OF INTERNATIONAL LAW RULES, INCLUDING
THE RULES CONTAINED IN INTERNATIONAL TREATIES, CONSIDER A SAR AS YOUR DESTINATÁ RIO
DIRECT, giving it rights or imposing YOU DUTIES, Enta The DO WE GET TO CONCLUSÃ THE SHALL BE
BY A SUBJECT INTERNATIONAL LAW, THE LIMITED CAPACITY iS RIGHT, BUT NOT IN THAT LETS BE
SUBJECT. "

Article 137 (1st part) - ARTICLE BASICS EFFECTS OF PARTICIPATION IN SAR HI'S: • REGIONAL
GOVERNMENT REPRESENTATIVES of Macao Special Administrative MAY PARTICIPATE AS
MEMBERS DELEGAÇÕ ES GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA, THE
ORGANIZAÇÕ ES AND INTERNATIONAL CONFERENCES IN THE FIELDS SUITABLE,
LIMITED TO STATES AND RELATED TO THE ADMINISTRATIVE REGION MACAU SPECIAL, OR DO IT
IN QUALITY THAT IS PERMITTED BY THE GOVERNMENT AND PEOPLE BY CENTRAL ORGANIZAÇÕ ES
OR CONFERENCES INTERNATIONAL INTERESTED ABOVE, BUT CAN STILL SEND THEM WITH THE
OPINIONS name "Macao, China". • A SPECIAL ADMINISTRATIVE REGION MACAU CAN
PARTICIPATE WITH THE DENOMINAÇÃ OF 'MACAU, CHINA' IN ORGANIZAÇÕ ES AND
INTERNATIONAL CONFERENCES Do NOT LIMITED TO STATES This means that the Macao SAR MAY
JOIN FULL MEMBER OF CATEGORY LAW ORGANIZAÇÕ ES IN QUESTION. MAY BENEFIT FROM RIGHTS
AND BE BOUND BY THE OBLIGATIONS WHICH RECOGNIZE THE LEGAL SYSTEM OF A SUBJECT
INTERNATIONAL ORGANIZATION.

Article 137 (2ªPARTE) • ACCORDING TO THE CIRCUMSTANCES AND UNDER THE REGION NEEDS
SPECIAL ADMINISTRATIVE MACAU, CENTRAL GOVERNMENT PEOPLE ADOPTS MEASURES FOR
THE SPECIAL ADMINISTRATIVE REGION MACAU MAY CONTINUE TO MAINTAIN, THE
PROPER FORM, YOUR STATUS IN ORGANIZAÇÕ ES INTERNATIONAL IN WHICH PART A
REPUBLIC OF CHINA AND MACAU ALSO PARTICIPATE one way or another - BUT IT IS A
DOUBT KNOW IF Macao MAY CONTINUE IN CONNECTION WITH ORGANIZAÇÕ ES THAT THE PRC IF
MAY RETIRE IN reason ES FOREIGN POLICY ... (PROF.ªFILIPA, P. 145) • FOR S ORGANIZAÇÕ ES
INTERNATIONAL IN THE REPUBLIC OF CHINA N o is part but in which it participates
Macau one way or another, THE GOVERNMENT popular, central facilitates ACCORDING TO
CIRCUNSTÂ TRENDS and the needs, the continuous participation: The Administrative
Region SPECIAL Macau, as appropriate, in such ORGANIZAÇÕ ES.
ARTICLE 138 • APPLICATION TO THE SPECIAL ADMINISTRATIVE REGION OF MACAU
INTERNATIONAL AGREEMENTS IN THE PEOPLE'S REPUBLIC OF CHINA IS PART, IS DETERMINED
BY THE GOVERNMENT CENTRAL PEOPLE, ACCORDING TO THE CIRCUMSTANCES AND UNDER THE
REGION NEEDS of Macao Special Administrative and APO S HEAR THE OPINION OF THE GOVERNMENT
OF THE MACAO SPECIAL ADMINISTRATIVE. • INTERNATIONAL AGREEMENTS IN THE PEOPLE'S
REPUBLIC OF CHINA IS PART DO NOT, BUT THE SOUND APPLIED IN MACAU, may continue
to run. THE GOVERNMENT SUPPORTS POPULAR CENTRAL AUTHORIZING OR AS THE
CIRCUMSTANCES AND ON THE NEEDS, THE REGIONAL GOVERNMENT MACAO SPECIAL
ADMINISTRATIVE ARRANGEMENTS TO APPROPRIATE THE APPLICATION IN SPECIAL
ADMINISTRATIVE REGION OF OTHER INTERNATIONAL AGREEMENTS RELATED TO HER MACAU.

ARTICLE 139 • POPULAR GOVERNMENT AUTHORIZING THE CENTRAL REGION OF THE

GOVERNMENT of Macao Special Administrative TO ISSUE IN ACCORDANCE WITH THE LAW, REGION
passports ADMINISTRATIVE REPUBLIC OF MACAU SPECIAL OF CHINA CHINESE CITIZENS
TICKET HOLDERS OF IDENTITY OF PERMANENT RESIDENT OF THE SPECIAL ADMINISTRATIVE
REGION OF MACAU AND OTHER REGIONAL TRAVEL DOCUMENTS SPECIAL ADMINISTRATIVE
REPUBLIC OF MACAU OF CHINA TO OTHERS legally residing in the Region of Macao Special
Administrative. PASSPORTS AND MENTIONED ABOVE TRAVEL DOCUMENTS ARE VALID FOR ALL
COUNTRIES AND REGAL ES AND TAKE NOTE OF THE RIGHT OF ITS MEMBERS TO RETURN TO SPECIAL
ADMINISTRATIVE REGION MACAU. • THE GOVERNMENT OF THE REGAL of Macao Special
Administrative CAN APPLY IMIGRAÇÃ CONTROL MEASURES ON ENTRY, STAY AND
COUNTRY GUYS OUT and regal ES FOREIGNERS.

ARTICLE 140 • THE GOVERNMENT SUPPORTS POPULAR CENTRAL OR AUTHORIZING THE REGION
OF THE GOVERNMENT of Macao Special Administrative TO NEGOTIATE AND CONCLUDE VISA
ABOLITION OF AGREEMENTS WITH STATES AND REGAL ES INTERESTED. • ARTICLE 141 • The
Macau Special Administrative Region A may establish, as required, miso ES Econo MICAS OFFICIAL AND
COMMERCIAL OR IN COUNTRY semi-official FOREIGNERS, COMMUNICATING The YOUR
ESTABLISHMENT OF THE CENTRAL PEOPLE'S GOVERNMENT FOR THE PURPOSE OF REGISTRATION.

Article 142 (1ªPARTE) • RANKS AND OTHER CONSULAR MISSION ES OFFICIAL OR semiofficial
FOREIGNERS CAN SET UP, UPON THE APPROVAL OF POPULAR GOVERNMENT CENTRAL IN SPECIAL
ADMINISTRATIVE REGION MACAU. • CAN KEEP IN MACAO RANKS AND OTHER CONSULAR
 MISSION ES OFFICIALS OF COUNTRIES THAT HAVE RELAÇÕ ES Diploma optical WITH
CHINA.

Article 142 (2ªPARTE) • ACCORDING TO THE CIRCUMSTANCES OF EACH CASE, RANKS AND
OTHER CONSULAR MISSION ES OFFICIALS IN MACAU THE COUNTRIES THAT HAVE
RELAÇÕ ES diploma optical WITH CHINA CAN KEEP OR BE CONVERTED INTO
semi-official. • COUNTRIES NOT RECOGNIZED BY THE PEOPLE'S REPUBLIC OF CHINA MAY
ONLY ESTABLISH INSTITUIÇÕ ES NON-GOVERNMENTAL IN MACAU SPECIAL
ADMINISTRATIVE REGION. 65

Conclusion ES - Prof. FILIPA Delgado, P. 145-146 • WHEN LOOKING FOR DETERMINATION LEGAL
STATUS OF Macao, THE ISSUE PASSES FOR IF THIS IS TO KNOW, OR NOT, RIGHT SUBJECT
INTERNATIONAL; • LAW SUBJECT - ENTITY THAT OWNS RIGHTS AND SUPPORTS obligation ES, BEING
A Qualitative DISCRETION AND NOT QUANTITY. • LOGO: The MSAR IS SUBJECT OF DI. • CLARA
EXTERNAL DIMENSION OF AUTONOMY OF SAR WITHOUT OLVIDAR Enclosing NEED THIS AUTONOMY
FOR THE SOVEREIGNTY OF THE PRC. VIDE, FOR BOTH, THE PROVISIONS IN ARTICLES 12 13.ºE
14.ºDA LB. • LB WARRANT THE LEGAL STATUS SAR A VERY SPECIAL INTERNATIONAL, AS SUCCEED IN
RAEK, BOTH BE CONSTRUED AS AN EXAMPLE SUI GENERIS Terri tories OF AUTONOMY WITH
EXTERNAL. 66

18

INTERNATIONAL CRIMINAL LAW VS. INTERNATIONAL CRIMINAL LAW

- When the notion of "international criminal law" (“Direito Penal Internacional”) was created, it was
referred to as the same set of national law concerning the limits of the application of the Criminal Law in
space - vide article .4.º e 5.ºCP
- The doctrine came after creating the notion of "International Criminal Law", as that set of international
standards concerning crimes, its consequences and the International Criminal Courts, as well as the
respective criminal proceedings.

DIFFERENCE:
a) International Criminal Law (“Direito Penal Internacional”)
- this is limited to the rules of internal law aimed to resolve conflicts arising from the application of the
Criminal Law in space. These are rules of internal law, that is, its source lies in the Internal Law. In
respect to the legal and criminal law, take into consideration to the provisions of Articles 4 to 7 of the
Penal Code and also the Law No. 6/2006.
b) International Criminal Law (“Direito Internacional Penal”)
- this, however, comes from supranational norms, om which its source is found in international norms
and not national norms. In turn, these norms may have customary or conventional source of law. They
aim to protect the fundamental interests of the International community.
- According to some authors, it no longer makes sense to make such a distinction because, in practice,
the line of distinction between the two concepts is not as sharp as before, more than through the
influence of international criminal aspects in the different national legal systems . Ana Cristina Andrés
Domínguez is an author who argues that the term "international criminal law" is broad enough to
encompass both the above mentioned settings ( op. cit., P. 16). 4

1. According to Jorge de Figueiredo Dias, the fact is that after the establishment of the International
Criminal Tribunals ad hoc and permanent, Criminal Law was no longer monopoly in the legislation and
jurisdiction of States (relate criminal law and state sovereignty, ius imperil).
2. In relations to the Rome Statute, stresses Professor basic two principles to which we will return later.
Are they: The. The principle of voluntary binding - according to which ' The ICC's jurisdiction is not
imposed on States, it binds only the States becoming parties to the Statute or who decide to cooperate
with the court under an agreement ad hoc "- article 12.ºdo Rome Statute and B. The principle of
subsidiarity - according to this principle, " the ICC can only exercise its jurisdiction if states with
jurisdiction over the fact that not know or can not do it "- art.º17.ºdo Rome Statute. 5

The question of the possibility of criminal liability through the "Principles of international law" short note
From the perspective of one of the basic principles of criminal law - the principle of legality - provisions
such as that in article 29 of paragraph 2 of CRP or, for us in Macau, the Article 15, paragraph 2 of the
International Covenant on Civil and Political Rights, seem at first glance - contrary to the aphorism
nullum crimen, nulla poena sine lege ( which law has to be right, writing, strict and formal). Well, how
can we reconcile that possibility with the need for written law? Article 15, paragraph 2 of the ICCPR
states that " Nothing in this article shall prejudice the trial and punishment of any person for any act or
omission which at the time when it was committed, was criminal according to the general principles of
law recognized by the community of nations ". 6

International Criminal Law vs. International Criminal Law The question of the possibility of criminal
liability through the "Principles of international law" • If it is true that there is a contradiction between
that provision and the principle of legality, the latter has been interpreted to include the term lege two
realities: 1. Law written and formal; 2. customary international law. • However, as Figueiredo Dias points
( op. cit., P. 179), this "does not fail to have serious problems regarding the determinability requirement
of punishable conduct." • However, the truth is that this problem has been decreasing gradually since
WWII, and may even be said that almost disappeared, as several countries have come to "crystallize" in
their internal rules those "principles of international law ". 7

O while individual taxpayer of public international law - in fact, imposing criminal international standard
obligations towards criminal responsibility of the agent, this is immediately subject the same and thus
subject of international law. All without forgetting that the direct applicability of international standard
will depend on each specific situation, as we saw a few classes. In this sense, the title of last matter
recapitulation, the doctrine is pretty much in tune to the effect that in some cases the standard is
addressed to States and not to the individual - where the latter is not the subject of international criminal
law ( which include examples of high seas piracy, drug trafficking or interference unlawful in civil aviation
International). In other cases, however, the norm since you will directly directed - which include
examples of war crimes, crimes against peace and humanity or crimes
genocide
.8
Historical background of the International Criminal Court Source: William Schabas, op. cit., P. 3-16. Note:
The following notes are based on our direct translation of the author's text 1. The Rome Statute, which
created the International Criminal Court was adopted on 17 July 1998 in Rome, summoned by the
Plenipotentiary Diplomatic Conference under the auspices of the UN and is undoubtedly the culmination
of a long path and desire of the international community, with ups and downs and practical difficulties,
that this way It began in the early twentieth century. 2. The Treaty of Versailles of June 28, 1919 (end
of WWI - 1914-1918) included the right of the victorious powers judge people accused of having carried
out acts against the law of war, and the obligation, to Germany of the arrest of war criminals. 3. However,
this claim of judgment of these criminals had no effect. In fact, Germany has never accepted this
prediction
. 91. It was then paid up a compromise under which the
Allies would prepare a list of German suspects who surrender to Germany for the trials were carried out
in the courts of this country. 2. If, initially, there was a list of 900 suspects, this number has decreased
sharply to 45 when, in fact, only 12 were actually judged (!). Many were acquitted and those who were
convicted were on the modest prison sentences, often no more than the time they had already spent in
custody. These judgments have taken the name of " Leipzig Trials ". (William Schabas, p. 4) 3.
Consequently, and in view of this failure, in the years that brokered the two World Wars is proceeded to
order efforts to develop an international tribunal
permanent
. 101. A special reference should also be made to the Treaty of Sèvres, 1920, insofar as it is pointed out
as the "embryo" of crimes against humanity. 2. This Treaty provided accountability for war crimes,
saying in particular to the victims of genocide
Armenia
. However, this treaty was never ratified by Turkey, so that, in practice, have not carried out any
international trials. 3. http://pt.wikipedia.org/wiki/Genoc%C3%ADdio_arm%C3%AAn io
 4. Instead, the Sevres Treaty was replaced by the Lausanne Treaty of 1923 (signed between the Allies
and, among others, Turkey), which contained a "Declaration of Amnesty" covering all crimes committed
between August 1 1914 and November 20, 1922.11
According to Schabas ( op. cit., P. 5) - "despite these international efforts to be created an international
criminal court have not been successful, they encouraged many international lawyers to pay special
attention to this matter during the years that followed." ii. In this sense, it should be noted that in 1937,
the International Law Association and the International Criminal Law Association drew up the Treaty of
the League which included the creation of an International Criminal Court.
iii. However
Due to the insufficient number of ratifications by States, this treaty never entered into force. 12
The trials of Nuremberg and Tokyo 1. In the Moscow Declaration of 1943 (the last year of WWII - from
1939 to 1945), the Allies affirmed their determination to prosecute the Nazis for war crimes. 2. the
United Nations Commission was created for the Investigation of War Crimes. 3. The Commission, based
on the Treaty of the 1937 Nations League, drew up a "Draft Convention for the Establishment of a War
Crimes Court of the United Nations" in
1944
. 4. However, it was closer to the end of WWII that, at the London Conference, the four major powers
(Britain, France, the United States and Soviet Union) created the basis for the Nuremberg trials. 13
1. Agreement for the prosecution and punishment of the most important European Axis war criminals and
the creation of the International Military Tribunal Charter was formally adopted on 8 August 1945 and
was promptly signed by the representatives of the four powers. 2. Adhesion to Treaty 19 other states,
despite not having played an active role in the court's activities or in the negotiation of their status, they
wanted to express their support. 3. In October 1945 were accused 24 leading Nazis and their trial, known
as the "most important of the Judgment of War Criminals", he began the following month. The trial
ended about a year later and were sentenced 19 of them having been handed the death penalty in 12
cases.
2. 1. The Court's jurisdiction was limited to three categories of crimes: The. Crimes against peace; B. War
crimes; w. Crimes against humanity. • The Statute (Charter) of the International Military Tribunal was
adopted after the crimes were committed, so it was criticized by constitute an criminalization ex post
facto - relationship with the principle of legality and its basic principle of nullum crimen, nulla poena sine
lege provided. • However, the Court rejected these arguments, socorrendose of the Hague Conventions
for war crimes, as well as Kelogg-Briand Pact of 1928 with regard to crimes against peace. • As for crimes
against humanity, had a support base, although lower nature, the declaration of the three Allied powers
in 1915, condemned the persecution of the Armenians by the Turks.
1. At the same time, the victorious powers created an International Military Tribunal in the Far East
where the Japanese war criminals were tried based on reasons similar to those used at the Nuremberg
trials. 2. In Nuremberg, the Nazi war criminals were convicted of "genocide", but note that this term does
not appear in the Statute of the Court, and the Court condemned for "crimes against humanity" for
 atrocities committed against the Jewish people in Europe. 3. Consequently, the United Nations began on
efforts by the General Assembly to create legislation on this
matter
3. . 4. In December 1946, It adopted a resolution declaring genocide as a crime against international law
and calling for the elaboration of a convention on the subject. 16
4. 1. In 1948, the United Nations General Assembly adopted a Convention on the prevention and
punishment of the crime of genocide. 2. The definition of "genocide" contained in Article II of the 1948
Convention (Convention on Genocide) was maintained in subsequent Rome Statute (International
Criminal Court), Article 6 3. The same 1948 Convention, Article VI, foresaw the need for establishment
of an International Criminal Court, adding that in principle the trial should take place in the State where
the crime had been committed or by that Court. 4. On the same day it was adopted this Convention, the
General Assembly adopted a resolution for the establishment of that International Criminal Court, for an
"International Law Commission" - International Law Commission). 17
Law Commission" - International Law Comission • Composed of experts appointed by the UNGA, coding
and responsible development of international law; • In charge of drawing up: 1. "Nuremberg principles",
which concluded in 1950 (these principles begin with a statement to the effect that anyone who commits
a crime under international law will be judged and punished by the same); • The Statute of the
International Criminal Court referred to in Article VI of the
1948 Convention - corresponding to framework
institutional and procedural we met Criminal Procedure Codes (domestic legislation); • A "Code of
Crimes against the peace and security of
humanity
5. ", Which was only adopted in 1996 - which corresponds to the definition of crimes and general principles
usually found in criminal codes (domestic legislation). 18
Law Commission" - International Law Comission • Composed of experts appointed by the UNGA, coding
and responsible development of international law; • In charge of drawing up: 1. "Nuremberg principles",
which concluded in 1950 (these principles begin with a statement to the effect that anyone who commits
a crime under international law will be judged and punished by the same); • The Statute of the
International Criminal Court referred to in Article VI of the
1948 Convention - corresponding to framework
institutional and procedural we met Criminal Procedure Codes (domestic legislation); • A "Code of
Crimes against the peace and security of
humanity
6. ", Which was only adopted in 1996 - which corresponds to the definition of crimes and general principles
usually found in criminal codes (domestic legislation). 18
The International Law Commission has, then a project
status in 1994 and in 1996, a final draft concerning that "Crimes Code against the peace and security of
humanity".
7. Both projects have played a crucial role in the preparation of Rome Statute of the International Criminal
Court.

1. International Criminal Tribunal for the former Yugoslavia (remember the past lessons) • While the
draft Statute of the International Criminal Court was being studied and prepared by the International
Law Commission, some events have driven the creation of a Court ad hoc, so as to rule on the atrocities
committed in the former Yugoslavia. • As a result of the war in Bosnia in late 1992, one created by the
UN Security Council Committee of Experts identified a number of war crimes
and crimes against humanity
that had been made and continued to be so. • It was therefore urgent to create an international criminal
court. The General Assembly supported the establishment of the court by a resolution of December
1992.

International Criminal Tribunal for the former Yugoslavia • The February 22, 1993, the Security Council
decided to establish a court with jurisdiction to prosecute "persons responsible for serious violations of
international humanitarian law committed in the territory of the former Yugoslavia since 1991" - UN Doc
S / RES / 808 (. 1993). • http://pt.wikipedia.org/wiki/Jugosl%C3%A1via • The proposal presented by
the Secretary General was accepted without amendment by the Security Council in its Resolution 827 of
May 8, 1993. • According to the Secretary-General's report, the Court would have to apply international
humanitarian law which are semmargem for doubt part of customary law. • The Statute of the Court
clearly based it on the work that was being developed by the Commission of International Law
mentioned above, in conjunction with the two projects in one instrument.
The territorial jurisdiction of the Court is restricted to the borders of former
Yugoslavia
.•
Temporally
The Court was legitimate to judge the crimes committed since 1991, leaving the establishment of its
deadline to the General Council.
the Courts ad hoc 2. International Criminal Tribunal for Rwanda (Remember the lessons past) • In
November 1994, after such request by Rwanda, the Security Council decided to create a second court ad
hoc, in charge of the trial of genocide and other serious violations of international humanitarian law
committed in Rwanda and neighboring countries, in the year
1994
.•
Your Statute
It is quite similar to the International Criminal Tribunal for the former Yugoslavia.
International Criminal Tribunal for the former Yugoslavia and for Rwanda similarities They are noted
several similarities between the two courts, such as:
1. Statute
similar; 2. Even Attorney at an early time. Note that the ICTR had only his own
attorney in 2003
, Having Security Council appointed Hassan Bubacar Jallow for this position; 3. Same composition of the
Board of Appeal.
the Courts ad hoc International Criminal Tribunal for the former Yugoslavia and for Rwanda 1. As a result,
at least in theory, could be well guaranteed uniformity in process and resource jurisprudence. • The
decisions that have been taken by the courts ad hoc They fueled the debate surrounding the creation of
an international criminal court (permanent). •
The case Tadic', for example, it was relevant for the purposes of article
8
the Rome Statute of the International Criminal Court; • O obiter ( are comments made by the judge. "Put
passage." Are comments that, although they are included in the body of the judgment, are not part of
the court's decision) the Board of Appeal of the Criminal Tribunal for the former Yugoslavia, stating that
crimes against humanity could both be seen in peacetime as war, was inserted in Article 7.ºdo Rome
Statute.
Courts 1. These not only served to contribute,
through the legal precedents for the preparation of the Rome Statute. 2. They gave a safe model of what
should be an international criminal court. 3. Special Court for Sierra Leone • Despite being in progress
the creation of the International Criminal Court (permanent) in 2000 the Security Council instructed the
Secretary-General to create an institution
fit
to deal with the atrocities committed in Sierra Leone in the 90s. • It follows that, although the ICC being,
to date, about to be created due to temporal clause of the Rome Statute in the sense that the ICC could
only look into crimes committed after its entry into force (Article 11) - 2002 would be left out acts
committed during the civil war in Sierra Leone.
Special Court for Sierra Leone (2002-2013)
Like this ,
in January 2002 the Special Court was established for Sierra Leone, the result of an agreement between
the United Nations and the Government of Sierra Leone. http://www.rscsl.org/ The Sudanese case In
2005, the United States supported the establishment of another court
ad hoc, in order to take a measure against atrocities
committed in the Darfur region (located in the western Sudan region). However
, How not to raise any issue on the temporal jurisdiction of the ICC, since all the relevant facts occurred
from the time when the Rome Statute entered into force on 1 July 2002 (ie the time of the practice of
facts came after the entry into force of the Statute), it was understood that the cases occurred in Darfur
should be appointed by the Security Council to the ICC (v. art.º11.º).
http://en.wikipedia.org/wiki/International_Criminal_Court_investig ation_in_Darfur
4. Special Tribunal for Lebanon 1. In 2007, the court room ad hoc - Special Tribunal for Lebanon - was
created. Its aim is to judge a wave of terrorist killings that occurred in Lebanon since February 2005,
including the assassination of Rafiq Hariri, the Lebanese Prime Minister, in addition to 22 others. 2.
Although the facts have already occurred within the temporal jurisdiction of the ICC, there are other
difficulties. 3. In fact, it is true that some authors terrorist acts, including assassinations, fall under the
scope of crimes against humanity, this aspect is not obvious. 4. It was thus created that court. Despite
its international character (given the modus its creation - created by agreement between the UN and
Lebanon; Resolution 1757 CS), the court may only apply Lebanese law following the French model). 5.
http://pt.wikipedia.org/wiki/Tribunal_Especial_para_o_L%C3% ADbano
29the Courts ad hoc The courts 'hybrid' 1. Finally, it is noted that the international community continues
to explore the concept of "hybrid courts". 2.
Its about courts
created in the framework of domestic law ,
but with a strong international participation. 3. In particular, often involve the presence of foreign judges
and prosecutors and apply provisions harvesting their sources in international law. 4. Despite its
resemblance to the international courts, not to be confused with these because they are not created by
law
International
and are not situated on a higher level compared with national law. 5. Ex .: Extraordinary Chambers in the
Courts of Cambodia ( extraordinary courtrooms in Cambodia courts) in order to judge the most
important leaders of the Khmer Rouge. It became fully operational in 2007. 6.
http://pt.wikipedia.org/wiki/Khmer_Vermelho 7. For further and interesting developments, vide - see
video: http://www.eccc.gov.kh/en/about-eccc/introduction 1. In general on the subject, vide still:
http://www.pict-pcti.org/courts/hybrid.html 30

The proposal of the Rome Statute to enter into force Direct Source: William Schabas, p. 16-22. Maria
Leonor Esteves Assumption, op. cit. - Note m /: recommend strongly reading this article author
concerning the preparation period of the "Draft Statute of the ICC" (adopted in 1998), most notably that
it writes as a member of the Portuguese delegation to the Preparatory Committee of the UN for the
creation of TPI, listing the key issues that were "on the table". 1. In 1994, the United Nations General
Assembly decided to continue the work towards the establishment of the ICC (permanent), based on the
draft statute prepared by the International Law Commission. 2. To that end, it created a committee ad
hoc. The discussions held
within this Committee revealed the existence of profound
differences between the states on some aspects of the future court. 3. For example, the draft of the
International Law Commission provided for a court to rule, that is, if the prosecutor of the court decided
to proceed with the case, national courts could not offer to consider it first hand. 31
The proposal of the Rome Statute to enter into force 1. At the meetings of the Committee ad hoc, arose,
instead of concept of "rule", a concept of "complementarity", under which the court could only exercise
its jurisdiction if national courts did not want or could not judge him - which, in fact, turned out to be
enshrined in the Statute Rome (article 17). 2. Another aspect where there is a discrepancy between the
project once drafted by the International Law Commission and that Commission ad hoc is that the latter
does not agree either with a simple list of crimes that would be under the jurisdiction of the court or with
the distinction formal in between "statute" and "code of
crimes / criminal
". 3. Thus, in the opinion of this Committee, the Statute should include detailed definitions of crimes and
clearly provide for general principles of law and other matters of substantive nature (v. Articles 22.ºe ss).

1. From 1995 to 1997, there was a period of meetings between member

states, NGOs and HI's in order to prepare and submit their proposals
on the Status future. 2. If it is true that the issue of complementarity was basically solved, others were
the subjects under discussion such as the admissibility or otherwise of the death penalty, as also points
out Maria Leonor Esteves Assumption. 3. Following the General Assembly resolutions 1996 and 1997 a
Diplomatic Conference of Plenipotentiary for the creation of an ICC took place in Rome on 15 June 1998.
4. More than 160 states sent delegates to this Conference, as well as numerous HI's and hundreds of
NGOs. 5. The enthusiasm was great and the majority of delegations expressed their support to this new
figure. 33
The Rome Conference • The Conference of Rome (June 15 - July 17, 1998) began with a few days of
political figures of speech and personalities including, among others, the presidents of both courts ad
hoc and its Prosecutor. • Then the Conference was divided into working groups by subject. However, the
most sensitive issues, such as defining the role of the Security Council, was not discussed publicly. • One
by one, the Statute of the standards were adopted "by general agreement" in the working groups,
without vote. The process was something tiresome, because it allowed that a State suspend the process
until it was reached a compromise on certain points.34
• Gone are checking progress but despite the advance of weeks, some issues remained unresolved,
among which the most important were: 1. to know what role the Security Council should play in the ICC;
2. Determine the list of core crimes for which the ICC would have jurisdiction; 3. The scope of its
jurisdiction over persons who were not nationals of States parties to the Statute. • These issues have not
been assigned to the working groups, but the President himself of the bureau, Philippe
Kirsch
.35

The two weeks of the end of the conference, Kirsh made a proposal on these matters but it was not easy
to obtain consensus for if some topics were most in others not. • Last week Kirsh promised that would
come a final proposal, which was only completed on the morning of July 17, the day he was scheduled
completion of the conference. • It was a risky act because there would be more time to make changes. •
The United States called for it to be made a vote on the adoption or not of the proposed Statute. As a
result, 120 states voted in favor, 21 abstained (among which, many Arab States and Islamic) and 7 voted
against, including the United States, Israel and
China
. 36The Rome Conference and the following times • On July 17, 1998: 1. the Rome Statute of the
International Criminal Court was adopted; 2. The Diplomatic Conference adopted a Final Act, under
which should be set up a Preparatory Commission for the United Nations General Assembly in charge of
several tasks, including to provide details on various procedural and evidentiary issues, as well as
elements of crimes developed based on the settings operated in articles 6, 7 and 8 of the Statute. Other
tasks included, inter alia, draw up a draft agreement with the United Nations about the relationship
between the two organizations or prepare a " accord de siège "With the Netherlands, a country where
was based the ICC (The Hague). It was also necessary to prepare an agreement on the privileges and
immunities of the ICC (the staff). 3. The Commission has conducted 10 sessions and concluded its work
in July 2002, precisely when the Statute entered into force. 4. The Commission formally dissolved in
September 2002.

THE STATUS OF THE ICC ROME - approval of the entry into force 1. The Rome Statute, adopted on 17
July 1998, entered into force only when the minimum number of ratifications - 60 - It was found, which
only occurred on 1 July 2002. 2. The date of 1 July 2002 is important not only because it was the date
on which the Rome Statute entered into force, but also because the ICC is only legitimate to judge crimes
committed after the entry into force of status, ie that date (article 11). 3. The entry into force of the
Statute also allowed to initiate the procedures for the establishment of the Court, such as the election of
judges and the Prosecutor. 4. States had been asked to sign the Statute, which was considered as a
preliminary step indicating their intention to ratify, having been given a deadline of the end of 2000. It
should be noted that even States which had voted against the Statute (ex. Israel or the US) or who had
abstained signed.

The ICC THE ROME STATUTE - approval of the entry into force
1. As regards the ratifications
It should be noted that the first country to ratify the Rome Statute was Senegal, February 2, 1999,
followed by Trinidad and Tobago two months later. 2. The process of ratification was very slow. For
example, two years after the adoption of Regulations, 14 had just been deposited ratification. The
December 31, 2000, the Statute had 27 States parties. Three years after the adoption of the Statute, 37
States had ratified. 3. However, delays were normal, as many States had to make legislative changes to
commensurate with the law internal to the obligations under the Statute, which would carry out before
the ratification. For example, states have to cooperate with the ICC for investigation, arrest and transfer
of
suspects
. 1. For example, a significant number of States prohibits the extradition of its nationals, which would be
incompatible with the requirements of the Statute and it was necessary to make legislative changes in
order to resolve the issue. 2. On the other hand, as the Statute based on the rule of "complementarity",
according to which states have a responsibility to try suspects who are found in its territory, some states
felt compelled to review their criminal codes to cover crimes such as genocide, crimes against humanity
and war crimes, in accordance with the settings made in the Rome Statute, in order to ensure that their
courts could ensure effective jurisdiction over these these
crimes
.401. The "magic" number of 60 ratifications was reached on April 11, 2002. 2. Paragraph 1 of Article 126
of the Statute provides that it "shall enter into force on the 1st day of the month following the expiration
of a period of 60 days after the date of deposit of the 60th instrument of ratification , acceptance,
approval or accession with the Secretary General of the United Nations. " 3. The Statute entered into
force on 1 July 2002. 4. The International Criminal Court officially started its activities on 11 March 2003.
5. In fact, the election of 18 judges to the ICC only ended in February 2003, and more than one third of
the judges elected were women. The first Prosecutor, Luis Moreno-Ocampo of Argentina was elected in
April 2003.
1. Summary: we have, therefore, to distinguish two moments - the gives
signing of the Statute, which was made July 17, 1998 by 120 States, including the US and the ratification
of the Statute. 2. The ratification of the Statute, this was not, for example, ratified by the United States.
42

The ICC THE ROME STATUTE - approval of the entry into force According to Lu Jianping and Wang
Zhixiang, the China oppose s to the ICC based on the following grounds: 1. The ICC is one of the
afectaçã sovereignty of States Parties; 2. The principle of complementarity It gives the ICC the
opportunity to judge the national judiciary; 3. The jurisdiction with regard to the war crimes It covers
both the internal conflicts as international; 4. The jurisdiction of the ICC covers the crimes against
humanity also in times of peace; 5. The included that of agressã crimes weakens the role of security
advice in this respect; 6. The right of the prosecutor has to start the process may allow the interference
of political issues within the ICC. in: " China's Attitude Towards the ICC "Lu Jianping and Wang Zhixiang,
Journal of International Criminal Justice, 2005-07-06, cited
http://en.wikipedia.org/wiki/States_parties_to_the_Rome_Statute
_of_the_International_Criminal_Court # Signatories

THE STATUTE OF THE ICC ROME Enunciation of the most relevant issues Jorge Bacelar Gouveia, op. cit.,
p. 842 ff. Clause 1 - " It is hereby created an International Criminal Court. The Court is a permanent
institution with jurisdiction over persons for the most serious crimes
of international concern, in accordance with this Statute, and will be additional
 to national criminal jurisdictions (...) "(Emphasis added). • The Rome Statute of the ICC is an
international treaty. Was negotiated, as we have seen, under UN auspices and opened for signature by
December 2000 (Article 125, paragraph 1), it being only parts States (125, paragraph 2). • As mentioned
above, the Treaty has reached the minimum number of ratifications to 11 April 2002 so that entered into
force on 1 July 2002 under art.º126.º § 1. • It has its headquarters in The Hague, Netherlands (article
3, paragraph 1)
THE STATUTE OF THE ICC ROME Enunciation of the most important issues Rome Statute of the
Structure which has the form of solemn international treaty Articles Comprising 128 chapters: I.
Establishment of the Court II. Jurisdiction, admissibility and applicable law III. General principles of
criminal law IV. Composition and administration of the Court V. Investigation and prosecution SAW. The
judgement VII. feathers VIII. Appeal and Review IX. International cooperation and judicial assistance X.
Execution of the sentence XI. Assembly of States Parties XII. Financing XIII. final clauses 46

1. Note that, in accordance with Section 120 of the Statute, are not allowed at the same reservations; 2.
Articles 120, 121 and 122 provide for the molds and under which status can be modified; 3. Note that,
in practice and as highlighted Bacelar Gouveia, "the collaboration of the states has been controversial,"
in that the acceptance of ICC jurisdiction constitutes undoubtedly a limitation puniendi state ius - logo,
a decrease to its sovereignty ball. 4. A number of states which are not covered by the statute of which
highlight the US (on the topic, vide even William Schabas, cit., P. 25-34), which "seems very negative to
the success of jurisdiction" (p 845). - cont. 47

1. In fact, according to Antonio GUEVEL White ( cited Bacelar Gouveia, note 1585), the US position "is not
minimally acceptable because the ICC Statute provides in Article 7 that terrorist organizations can be
prosecuted for crimes against humanity, which include terrorist acts that the US intends to continue to
pursue. It is a worrying fact that at the time the impunity of criminals begins to fall, there is no greater
unanimity on the creation of the ICC "- said the date of the creation of it. 2. Note that this interpretation
of Article 7 to be included in it terrorist acts is not clear from the same or is cited by some authors, but
probably will retire from the point k) of its paragraph 1 in the sense of the occurrence of an attack on the
civilian population, from which are derived countless deaths, provided there is a plan that agents adhere
having fully aware of the unlawfulness of their conduct (think of the September 11th) - see, also Pikis,
cit., P. 63. 3. With regard to crimes against humanity, see, inter alia, Schabas cit., P. 107-121, Maria
Leonor Esteves Assumption, "Appointment of the crime against humanity", in Studies in Honor of Cunha
Rodrigues, AAVV, Coimbra, 2001, p. 71 ff. 48
TPI OF ROME STATUTE Crimes - article 5 ff. and Feathers - article 77 ff. Article 5 - according to the
definition, the ICC has no jurisdiction over any and all crimes that fall under the International Criminal
Law, but only on the "most serious crimes of concern to the international community as a whole" • The
Statute is an autonomous utterance (unlike what happens in domestic law) of crimes and their
sentences. • On the other hand, there is an interesting rule that it is worth noting that is resulting from
article 21 (cont.) And reminds the article 38.ºdo Statute of the ICJ. 49
THE STATUS OF THE ICC Article 21 ROME - Applicable law 1. The Court shall apply: a) First: this Statute,
the elements of the crime and the Rules of Procedure (Assembly of States Parties, article 9); b) Secondly,
treaties, principles and standards of international law; c) Failing that: general principles of law - that the
ICC from national laws of different legal systems (in accordance with its point); 2. The Court may apply
principles and rules of law as had been interpreted in its previous decisions; 3. Compatibility:
internationally recognized human rights, respecting the principle of equality.50

The ICC THE ROME STATUTE What are the crimes for which the ICC has jurisdiction? I. Art.º6.º - crime
of genocide; II. Art.º7.º - crimes against humanity; III. Art.º8.º - war crimes IV. Art.º5.º, paragraph 1,
d) and paragraph 2 - crime of aggression. For more developments on the crime of aggression and the
Assembly of States Parties, see: http://www.iccnow.org/?mod=aggression - Analysis of these principles
– 51

THE STATUTE OF THE ICC ROME What are the penalties for such crimes? vide article 76 - the sentence;
Article 77 applicable Feathers 1. a) Imprisonment for a period of years, up to a maximum of 30 years; b)
Life imprisonment, the high degree of illegality of the act and the individual circumstances of the
convicted warrant. 2. In addition to imprisonment, the Court may order:
a) A traffic ticket
; b) The loss of property derived from crime. 52

THE STATUTE OF THE ICC ROME What are the penalties for such crimes? Article 77 Determination of the
sentence 1. In determining the sentence, the Court meets, among others: • The gravity of the crime; •
The personal circumstances of the convicted. 2. On the other hand, the Court should discount the prison
sentence that may apply the period during which the defendant was under arrest by order of that. The
article 77 paragraph 3 regulates the issue of conviction for a crime contest.

The ICC THE ROME STATUTE The defendant and the deprivation of their liberty during and after the trial,
the case will be condemned; their rights fundamental. main provisions 1. In the course of the process -
the arrest warrant and the detention procedure - 58.ºe article 59; 2. During the trial - the presumption
of innocence and the rights of the accused - article 67 66.ºe
3. Verdict
- determining the sentence under seen in the previous slide; 4. The execution of the sentence - article
103 to 111 - analyze particular article 103a 107. 54

The ICC THE ROME STATUTE The fundamental principles criminal I. Although not all questions that lie
in Chapter III is only reporting the "principles", the truth is that all regulations must be read and
understood as aíencontramos the core of the issues, mutatis mutandis, They are addressed in the first
articles of the national / territorial criminal codes, which are linked precisely with the elements of the
crime or, in installments, with basic questions such as: II. Guilt or unimputability on grounds of age for
the purposes of the Statute (which currently stands at 18, art.º26.º) III. The elements that traditionally
are seen as integral elements and cumulative type of fraud (Article 30: knowledge and will) IV. A set of
"grounds for exemption from criminal responsibility" that are traditionally cited as grounds for exemption
from wrongfulness, such as self-defense (eg. 31, paragraph 1, al. C), or as guilt for exclusion (ex. 31, No.
1 al. d) or even as nonimputability due to mental disorder (eg. 31, paragraph 1, al. a) and b). See also
the provisions of art.º33.º. V. Be aware of the problem still error - art.º32.º. SAW. Note also that the
crimes are imprescriptible (Article 29), contrary to what happens in the internal order in the light of our
CP.

The ICC THE ROME STATUTE The fundamental principles criminal We have to note the following
principles: - Principle of legality - nullum crimen sine lege, article 22 - see the whole scope of the principle
and cater to paragraph 2. The question of determinability and typicality. - Principle of legality - nulla
poena sine lege - art.º23.º; - Principle of non-retroactivity of criminal law - article 24 - Principle of
individual responsibility rather than collective - article 25. Be aware of, however, the provisions of
paragraph 4. - Fault principle, the principle of relevance of the exclusion causes of illegality and guilt and
the principle of non-applicability of the crimes (previous slide)

The phases of the criminal proceedings 1. The procedural initiative - under Article 13, "the Court may
exercise its jurisdiction (...) if: a) A State Party to the Prosecutor any situation where there appears to
have been one or more crimes (Article 5) - 14. article b) The Security Council - acting under the cap. VII
of the Charter, the Prosecutor any situation where there is evidence of the practice of one or more crimes
(Article 5). Attention is drawn also to the special powers granted to this body under art.º16.º; or
c) Attorney
In accordance with article 15.

Foreword: THE competence by reason of the time the acts were committed - Article 11. In its paragraph
1 states that "the Court has jurisdiction only with respect to crimes committed after the entry into force
of this Statute," which was found on 1 July 2002. process steps: 1. inquiry; 2. Instruction; 3. Judgment;
4. Execution; 5. Appeal. (

The fundamental principles of criminal procedure I. Non bis in idem - Article 20 II. Principle of lawful
judge - Article 12 III. irrelevance of the principle of the constitutional immunity of the defendants - Article
27 IV. Presumption of innocence - Article 66 V. Principle of cooperation with the tribunal - Article 86.ºe
ss. SAW. Principle of complementary jurisdiction in light of internal jurisdictions - Article 1, paragraph 2.
(For more developments vide Bacelar Gouveia, op. cit. P. 853, with particular emphasis on the first
principle mentioned above) 5
The relationship between the ICC and the United The case of Article 20, paragraph 3 609