ACCTG 1 Lecture Notes - Lecture 18: Territorial Dispute, De Facto, Supreme Court Of Canada
Document Summary
International law subjects - those to whom the international legal system gives the capacity to hold rights, powers and obligations: reparations case - not all legal subjects have same level of rights and obligations. International legal personality - capacity to bring claims for breaches of international law, power to conclude treaties: non state actors derive their legal personality from states. State - legal entity under international law: government - is the representative of the state and is entitled to act on the state"s behalf, declaratory view, matter of law and fulfilment of legal criteria is most important. Is a criterion based on effectiveness: constitutive view, recognition by other states is a precondition, the emergence of the constitutive view was tied to positivism. Issue is what quantity of states are sufficient for recognition: montevideo convention (article 3) requirements are not absolute, conditions required for the formation of a state (more declaratory, a permanent population.
