Law 5110 Study Guide - Quiz Guide: Nicaragua V. United States, Opinio Juris Sive Necessitatis, Customary International Law
Document Summary
Having certain rights and obligations under international law. Having the ability to act within the system of international law. Hall (1895): thus although the right to be treated as a state is independent of recognition, recognition is the necessary evidence that the right has been acquired . Also have some kind of international legal personality, necessary to carry out functions. 6 principal organs, a. o. the security council and the general assembly. Objective legal personality (reparation for injuries advisory opinion) Also some form of legal personality, namely qualified. In principle no legal personality but states can give them the personality -> red cross green peace. The court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: International conventions: various names (treaties, charter, protocols etc), can bind only the parties to it. International custom: state practice + opinio juris, binds all states (with rare exceptions)
