LAWS 2601 Study Guide - Final Guide: Montevideo Convention, Imperium, Legal Personality
20 Dec 2019
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Document Summary
Arises from costumery international law and treaty law. Two types of immunity: functional and personal. This type is functional allows for accused to avoid prosecution for criminal offences. Only valid for the time that the person is in office. Not as applicable to international crimes as they are local/domestic/civic liability crimes. Pinochet did not enjoy personal immunity (rationae personae) because he had left office. He also didn"t enjoy functional immunity (rationae materiae: state. Rhodesia un security council called not to recognize statehood: presumption of continuance maintains statehood if this criterion disappears (ex. Somalia: capacity to enter into international relations, states must be, sole legally constituted authority over territory and population. Independent and exercised political/legal will free from control of another state. Independent not compromised by political/economic pressure, nor compliance with il: compromised if foreign control is overbearing effectively exercising influence on wide variety of governmental issues, with ability to substitute decision, sovereignty.
