LAWS50024 Lecture Notes - Lecture 1: Timor Gap Treaty, Panel Switch, Universal Jurisdiction
26 Jul 2018
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Document Summary
State has relationships with other states (public international law) but individuals can also be effected and affect il through human rights. Individual is regulated by the state (constitutional law- separation of powers, admin law- how state exercises powers over individuals) The individual has private relationships with other individuals. (contract, equity, trusts, property) Two distinct theories about what makes up a state historically (refer to crawford: criteria of states article: constitutive theory: recognition by other states. Positivism: law is what we declare it to be (dependent on their consent) v natural law: coming from overarching system e. g. religious. League of nations/ montevideo convention is based on declaratory theory: article 1 gives us certain qualifications for international legal personality. The state as a person of international law should possess the following qualifications: a ) a permanent population; b ) a defined territory; c ) government; and d) capacity to enter into relations with the other states.
