LAWS 2601 Final Study Terms || with Errorless Solutions 100%.

immunity ratione materiae correct answers · immunity attached to GOVERNMENTAL ACTS (official acts) of state representative · based on equality of states (par in parem non habet imperium) - Declaration on Principles of IL 1970 · type of state immunity · applies to acts of any governmental organ if they follow the basic premise of immunity ^ · began as reciprocal doctrine (courtesy) now customary IL · *international crimes do not get immunity - not an official act* For example in use - look at Pinochet decision UK HOL 1999 State correct answers · arose from Montevido Convention (1933) (now apart of customary IL) · To be a state (as stated by convention) must have: · permanent/territorial population (does not need minimum nor need to be nationals of state) · territory (only need main base, borders can be in dispute, no minimum size) · have effective government (no particular type of govmt, if this disappears still can be a state - Somalia) · Independence so they can enter into international relations (need to exercise political/legal free will, may be compromised if a foreign state is too overbearing ex. Lithuania) · primary subject of IL because they can: · possess international rights & duties · enter into international relations · enforce those rights through international claims Sovereignty correct answers · ability of a state to govern itself or other states · Based on Bodin - Six Livres de la République 1576 (sovereign/absolute power gives laws to subjects without consent) · Based on Hobbes - Leviathan 1651 (trade our sovereignty to heads of state in return for safety/protection so that we will no longer live in state of nature - brutish, nasty & short) · Based on Locke - Two Treaties on Government 1689 (book is basis of modern property law, argued British could use America's land better than natives thus they should get it - Natural Law) · Based on Rousseau - The Social Contract 1762 (popular sovereignty, power resides in people = liberal democracy, raises questions on tyranny, property law, and right of peoples to self-determination) proprio motu correct answers powers to initiate investigations not requested by SC or member states - Article 15 Rome Statute