Political Science 3334E Study Guide - Quiz Guide: Statute Of The International Court Of Justice, Legal Personality, Montevideo Convention
7 Nov 2020
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Statehood: montevideo convention 4 criteria: population, defined territory, government, legal capacity to enter into legal relations. The un: igo: art 1 un charter: 3 goals, peace and security, develop friendly relations, achieve international cooperation and promotion of human rights. Objective executed through: ecrosoc (economic and social council: art 2 par 4 un charter: prohibition of use of force, exceptions to the use of force: self defense & security council. Authorization: objective legal personality (reparation for injuries case icj) The will and consent of states is key. International custom as evidence of a general practice accepted as law (opinio iuris) 2. Teachings of the most highly qualified publicists (doctrine) 5. Conclusion of treaties: negotiations, signature expresses intention to be bound, does not entail to any legal obligation, ratification or accession or exchange of instruments, entry into force. Ratification: national parliament adopts text of the convention follows.
