Public International Law
Lecture 1
Case
- Dutch Sepreme Court in 2010
- Not prescribed
- Deals with business man: Aghmad. He is from Lebonan. Dispute with the DRC (Congo). He
went to court in Congo, and the DRC was forces to pay an amount to Aghmad.
- The DRC refused to pay. A went looking for assets to sell. He found an asset in the
Netherlands. DRS owned the property, because it was used as embassy. In 2009 they
vacated the premises. The building was then occupied by squatters (krakers). It was used
as a cultural café.
- A proceeded to the Dutch Court to had his case recognized. Proceeded to cease this
building.
- The minister of Justice of the NL prohibited the bailiff to cease this building, because it
would conflict of the obligations of the NL towards the DRC. Building was recently used as
an embassy, and the NL had no jurisdiction to cease.
- This case ultimately lead to the Supreme Court.
- Private individuals are part of an international legal order.
- It does not stop at the boundaries of the state.
- Rules of PIL play an important role.
- Why was this problematic? Why would such sale conflict with the obligations?
Jurisdiction
- The legal basis for a bailiff to cease assets in the NL must be found in the principle of
sovereignty, from which all powers of the state, including public officials, derive.
- Principle of sovereignty was invented in 1576. French Philosopher.
- King of French wanted a centralized government, independent from everything (all
powers). All these other powers declared jurisdiction.
- In order to create an absolute power for the king, there was the principle of
sovereignty.
- Suprema Potestas = the highest power. Not dependent on other powers.
- King would only be accountable to God.
- In 1648 principle was recognized by international order.
- By attributing sovereignty to states, states were giving the highest power. Not hierarchy
dependent on other powers, religious or other states.
- Resolution of Catalonia, references were made to the principle of sovereignty.
- With the recognition of sovereign states in 1648, the modern international legal order
was created.
- The states had to deal with each other. They do not exist vacuum.
- The people traded, traveled, war. There were rules needed to regulate these relations
international legal order developed.
- Were there is a society, there is a law.
Statehood
- Intentional object; only exits on paper to allow private persons to do certain things
together.
- Similar to the way of legal persons.
- Created by private individuals.
, - In order to qualify as a state, a state must meet 4 criteria. They are laid down in the
Montevideo Convention. It codified the criteria:
1. Territory
2. Permanent population
3. Effective government
4. Capacity to enter international relations
- It included to distinguish that states which consist of multiple parts (like US),
that each part of those states, do not have the capacity to enter international
relations.
5. Recognition?
- According to some it is required. It used to be the case, until the 19 th century.
- Nowadays it is important, but it only confirms. It has only declaratory effect.
- In theory it is possible to meet the 4 criteria, but is not recognized by other states in the
world.
- In practice it will confirm the existence.
- Most common form of the emergence of a new state is through secession (afscheiding).
Most recently done by South Sudan.
- Catalonia has seceded from Spain. The people in Catalonia had a right to self-
determination to justify this secession.
- This right of self-determination is often abused. It does not automatically lead to an
independent state.
- Right to self-determination is held by a group of people with the same background,
exercised in the framework of the state which they are part of Internal self-
determination
- External self-determination: only possible in exceptional circumstances. Only when
decolonization.
- Since 1648 states are most important participator in PIL. Not the only subject to PIL,
not anymore
- In course of time other subjects recognized.
- Natural persons and legal persons according to national law as well.
- In PIL more diversity:
a. States
b. International organizations
- compared to corporations in national law
- created by states
- after 1945 is has increased to establish international organizations
International organization
- No statute or law, which provides for the requirements for establishment for IO.
- Although it seems that IO must meet 3 criteria:
1. It must be founded on international agreement
2. Governed by rules of PIL
3. Legal personality
- allows to act independently in own name
- can be held responsible for wrongful acts
- can conclude treaties
- The first two criteria’s distinguish international governmental organizations from NGO,
which also have legal personality but established under national law.
- NGO are not subject of international law.
- IGO are subject of international law.
Lecture 1
Case
- Dutch Sepreme Court in 2010
- Not prescribed
- Deals with business man: Aghmad. He is from Lebonan. Dispute with the DRC (Congo). He
went to court in Congo, and the DRC was forces to pay an amount to Aghmad.
- The DRC refused to pay. A went looking for assets to sell. He found an asset in the
Netherlands. DRS owned the property, because it was used as embassy. In 2009 they
vacated the premises. The building was then occupied by squatters (krakers). It was used
as a cultural café.
- A proceeded to the Dutch Court to had his case recognized. Proceeded to cease this
building.
- The minister of Justice of the NL prohibited the bailiff to cease this building, because it
would conflict of the obligations of the NL towards the DRC. Building was recently used as
an embassy, and the NL had no jurisdiction to cease.
- This case ultimately lead to the Supreme Court.
- Private individuals are part of an international legal order.
- It does not stop at the boundaries of the state.
- Rules of PIL play an important role.
- Why was this problematic? Why would such sale conflict with the obligations?
Jurisdiction
- The legal basis for a bailiff to cease assets in the NL must be found in the principle of
sovereignty, from which all powers of the state, including public officials, derive.
- Principle of sovereignty was invented in 1576. French Philosopher.
- King of French wanted a centralized government, independent from everything (all
powers). All these other powers declared jurisdiction.
- In order to create an absolute power for the king, there was the principle of
sovereignty.
- Suprema Potestas = the highest power. Not dependent on other powers.
- King would only be accountable to God.
- In 1648 principle was recognized by international order.
- By attributing sovereignty to states, states were giving the highest power. Not hierarchy
dependent on other powers, religious or other states.
- Resolution of Catalonia, references were made to the principle of sovereignty.
- With the recognition of sovereign states in 1648, the modern international legal order
was created.
- The states had to deal with each other. They do not exist vacuum.
- The people traded, traveled, war. There were rules needed to regulate these relations
international legal order developed.
- Were there is a society, there is a law.
Statehood
- Intentional object; only exits on paper to allow private persons to do certain things
together.
- Similar to the way of legal persons.
- Created by private individuals.
, - In order to qualify as a state, a state must meet 4 criteria. They are laid down in the
Montevideo Convention. It codified the criteria:
1. Territory
2. Permanent population
3. Effective government
4. Capacity to enter international relations
- It included to distinguish that states which consist of multiple parts (like US),
that each part of those states, do not have the capacity to enter international
relations.
5. Recognition?
- According to some it is required. It used to be the case, until the 19 th century.
- Nowadays it is important, but it only confirms. It has only declaratory effect.
- In theory it is possible to meet the 4 criteria, but is not recognized by other states in the
world.
- In practice it will confirm the existence.
- Most common form of the emergence of a new state is through secession (afscheiding).
Most recently done by South Sudan.
- Catalonia has seceded from Spain. The people in Catalonia had a right to self-
determination to justify this secession.
- This right of self-determination is often abused. It does not automatically lead to an
independent state.
- Right to self-determination is held by a group of people with the same background,
exercised in the framework of the state which they are part of Internal self-
determination
- External self-determination: only possible in exceptional circumstances. Only when
decolonization.
- Since 1648 states are most important participator in PIL. Not the only subject to PIL,
not anymore
- In course of time other subjects recognized.
- Natural persons and legal persons according to national law as well.
- In PIL more diversity:
a. States
b. International organizations
- compared to corporations in national law
- created by states
- after 1945 is has increased to establish international organizations
International organization
- No statute or law, which provides for the requirements for establishment for IO.
- Although it seems that IO must meet 3 criteria:
1. It must be founded on international agreement
2. Governed by rules of PIL
3. Legal personality
- allows to act independently in own name
- can be held responsible for wrongful acts
- can conclude treaties
- The first two criteria’s distinguish international governmental organizations from NGO,
which also have legal personality but established under national law.
- NGO are not subject of international law.
- IGO are subject of international law.
