Position of the states in international law

Jennings, Sir Robert; Watts, Sir Arthur

doi:10.1093/law/9780582302457.003.0003

- Copyright Page
  - Notes
  - Notes
- Preface to the ninth edition
  - Notes
  - Notes
- Abbreviations
  - Notes
  - Notes
- Table of Cases
  - Notes
  - Notes
- International instruments
  - Notes
  - Notes
- 1 Foundation of international law
  - Notes
  - Notes
- Notes
- 2 International persons
  - Notes
  - Notes
- - Bases of Statehood Bases of Statehood
    - § 103 International personality § 103 International personality
    - § 104 The legal bases of statehood § 104 The legal bases of statehood
    - § 105 Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States 1970 § 105 Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States 1970
    - § 106 Economic rights and duties of states § 106 Economic rights and duties of states
  - Equality of States in International Law Equality of States in International Law
    - § 107 Equality an inference from the basis of international law § 107 Equality an inference from the basis of international law
    - § 108 Equality of states and international legislation § 108 Equality of states and international legislation
    - § 109 Equality of states and immunity from jurisdiction § 109 Equality of states and immunity from jurisdiction
    - § 110 Exceptions to jurisdictional immunity § 110 Exceptions to jurisdictional immunity
    - § 111 Equality of states and government action affecting state property § 111 Equality of states and government action affecting state property
    - § 112 State equality and recognition of foreign official acts: ‘act of state’ § 112 State equality and recognition of foreign official acts: ‘act of state’
    - § 113 Foreign legislation contrary to international law § 113 Foreign legislation contrary to international law
    - § 114 State equality and non-discrimination § 114 State equality and non-discrimination
  - Dignity Dignity
    - § 115 Consequences of the dignity of states § 115 Consequences of the dignity of states
    - § 116 Maritime ceremonials § 116 Maritime ceremonials
  - Independence and Territorial and Personal Authority Independence and Territorial and Personal Authority
    - § 117 Independence and territorial and personal authority, as aspects of sovereignty § 117 Independence and territorial and personal authority, as aspects of sovereignty
    - § 118 Consequences of independence and territorial and personal authority § 118 Consequences of independence and territorial and personal authority
    - § 119 Violations of independence and territorial and personal authority § 119 Violations of independence and territorial and personal authority
    - § 120 Restrictions upon independence § 120 Restrictions upon independence
    - § 121 Restrictions upon territorial authority § 121 Restrictions upon territorial authority
    - § 122 Subversive activities against other states § 122 Subversive activities against other states
    - § 123 Restrictions upon personal authority § 123 Restrictions upon personal authority
    - § 124 Abuse of rights § 124 Abuse of rights
    - § 125 Protection of the environment § 125 Protection of the environment
  - Self-Preservation and Self-Defence Self-Preservation and Self-Defence
    - § 126 Self-preservation § 126 Self-preservation
    - § 127 The right of self-defence § 127 The right of self-defence
  - Intervention Intervention
    - § 128 Prohibition of intervention § 128 Prohibition of intervention
    - § 129 Concept and character of intervention § 129 Concept and character of intervention
    - § 130 Assistance on request § 130 Assistance on request
    - § 131 Circumstances which may justify intervention § 131 Circumstances which may justify intervention
    - § 132 Collective intervention in the general interest § 132 Collective intervention in the general interest
    - § 133 Political aspects of intervention § 133 Political aspects of intervention
  - Intercourse Intercourse
    - § 134 Intercourse between states § 134 Intercourse between states
    - § 135 Rights of intercourse and economic cooperation § 135 Rights of intercourse and economic cooperation
  - Jurisdiction Jurisdiction
    - § 136 State jurisdiction in general § 136 State jurisdiction in general
    - § 137 Territorial jurisdiction § 137 Territorial jurisdiction
    - § 138 Jurisdiction over citizens abroad § 138 Jurisdiction over citizens abroad
    - § 139 Jurisdiction over foreigners in foreign states § 139 Jurisdiction over foreigners in foreign states
    - § 140 The Lotus case § 140 The Lotus case
    - § 141 Jurisdiction at sea and in the air § 141 Jurisdiction at sea and in the air
    - § 142 Warsaw and Rome Conventions § 142 Warsaw and Rome Conventions
    - § 143 Legal cooperation and assistance § 143 Legal cooperation and assistance
    - § 144 Non-enforcement of foreign public law § 144 Non-enforcement of foreign public law
  - Notes
  - Notes
- 4 Responsibility of states
  - Notes
  - Notes
- Notes
- 5 State territory
  - Notes
  - Notes
- 6 The high seas
  - Notes
  - Notes
- 7 Outer Space
  - Notes
  - Notes
- 8 Individuals
  - Notes
  - Notes
- Notes
- Notes
- Notes
- Index
  - Notes
  - Notes

Chapter

3 Position of the states in international law

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https://doi.org/10.1093/law/9780582302457.003.0003

Pages

330–498

Published:

June 2008

Extract

Bases of Statehood

Kelsen, Das Problem der Souveränität und die Theorie des Völkerrechts (1920), pp 213–24

Knubben, Die Subjekte des Völkerrechts (1928), pp 202–38

Korte, Grundfragen der völkerrechtlichen Rechtsfähigkeit (1934), pp 98–101

Scelle, Manuel élémentaire de droit international public (1943), pp 87–95

Graf, Die Grundrechte der Staaten im Völkerrecht (1948)

Lord Phillimore, Hag R, 1 (1923), pp 29–71

Gidel, ibid, 10 (1925), v, pp 541–97

Brown, AJ, 9 (1915), pp 305–35

Lüttger, ZöR, 6 (1926), pp 203–212

Brierly, Hag R, 23 (1928), iii, pp 470–77

Bruns, ZöV, 1 (1929), pp 12–25

Bilfinger, ibid, pp 63–76

Petraschek, Archiv für Rechts- und Sozial-philosophie, 27 (1934), pp 499–523

YBILC (1949), pp 61–128, 135–79

Alfaro, Hag R, 97 (1959), ii, pp 95–176

Crawford, BY, 48 (1976–77), pp 93–182

, and

The Creation of States in International Law (1979)

See also bibliography at p 105, n 2 below.

International personality

A state, upon becoming a member of the international community, acquires international personality.¹ This signifies the state’s capacity to possess rights and duties in international law, its capacity to operate upon the international plane, its acquisition of a persona in the contemplation of international law, and its status as a subject of international law. Although the typical and principal subject of international law is the sovereign state ‘the subjects of law in any legal system are not necessarily identical in their nature or in the extent of their rights’,² and the international legal system is no exception. The possession of international rights and duties involves, pro tanto, the possession of international personality; but the possession of international personality does not necessarily involve the possession of the full range of international rights and duties. The degree of international personality (and the extent of the particular international rights and duties) possessed is in each case a matter for inquiry. In the normal case of a sovereign state, the degree of international personality and the extent of rights and duties possessed will be the same as for all other sovereign states. But there are many variations in the extent of international personality, as in the case, for example of states under protection³ and international organisations.⁴ Nevertheless the typical international person — a state — possesses all those numerous rights and duties which constitute the accepted body of rules of international law. Certain of those rights and duties, however, may be conveniently regarded as representing various general characteristics which reflect the essential position of states in their mutual coexistence as members of the international community. These general characteristics are equality, dignity, independence, territorial and personal authority, intercourse, self-preservation, non-intervention, and jurisdiction. It is with each of these that the present chapter is concerned.

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Contents

3 Position of the states in international law

Extract

Bases of Statehood

International personality

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Contents

3 Position of the states in international law

Extract

Bases of Statehood

International personality

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