Chapter 5: States as subjects

A video tutorial from author Gleider Hernández introducing the topics in chapter 5 of International Law

Key points for reflection:

  • States as international legal persons, and thus possessing legal subjecthood
  • Legal subjects are capable of bearing rights and duties/obligations, though this is dependent on the type of legal person (e.g. States, international organisations, corporations, NGOs, human persons)
  • Recognition of States: the relationship between declaratory and constitutive theories and their explanatory value.
  • Collective recognition as a middle way?
  • What of a duty to recognise certain entities if they fulfil certain criteria?
  • Recognition governments and its effects in domestic law