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SUBJECTS OF IL: STATES - Coggle Diagram
SUBJECTS OF IL: STATES
Subjectivity under international law
IL is a legal order that regulates
International Community
set of subjects living in relations with one another
international subject
any subject capable of having subjective rights and legal obligations under international law
international legal personality
international organisations
states
partial subjectivity
peoples
individuals
insurrectional movements
States
primary subjects of IL
sovereignty(independence from other states)
Pre-requisites and constitutive elements of states under IL
State: entity which governs a territorial community effectively and indipendently
the idenification of states rests on the triad of government-territory-population
Territory
spatial dimension
delimitation by borders
Population
individuals living together withi given borders by way of a community
mix of cultural, ethnical, religious groups
the citizenship is not necessary to be a part of a community
Government
exercise of authority by a state upon a population within a given territory
exclusive authority
effective
objective criteria, the capacity to create and apply the law within a given territory and protect the population from an external violation
indipendent
subjective criteria(juridical and factual independence)
Recognition
States' WILL to enegage into international relations with what they consider new states
it could be
express
collective
tacit
generalized