a. INTERNATIONAL COMMUNITY
The body of judicial entities which are governed
by the law of nations. Under the modern concept,
it is composed not only of States but also of such
other persons as the UN, the Vatican City,
colonies and dependencies, mandates and trust
territories, international administrative bodies,
belligerent communities and even individuals.
b. SOCIAL ENTITY is the separate existence of an
organization that is perceived to exist, by its
members and the public at large, as a given, i.e.
something that exists before and outside of
them.
c. POLITICAL ENTITIES are basically systems of
governing authority organized as governmental
power structures. Empires, nation-states, citystates, and kingdoms are just a few examples of
political entities.
d. BALANCE OF POWER, in international
relations, the posture and policy of a nation or
group of nations protecting itself against another
nation or group of nations by matching its power
against the power of the other side. States can
pursue a policy of balance of power in two ways:
by increasing their own power, as when
engaging in an armaments race or in the
competitive acquisition of territory; or by adding
to their own power that of other states, as when
embarking upon a policy of alliances.
Chapter VII — Action with respect to Threats
to the Peace, Breaches of the Peace, and
Acts of Aggression
Article 51 “Nothing in the present Charter shall
impair the inherent right of individual or collective
self-defence if an armed attack occurs against a
Member of the United Nations, until the Security
Council has taken measures necessary to
maintain international peace and security.
Measures taken by Members in the exercise of
this right of self-defence shall be immediately
reported to the Security Council and shall not in
any way affect the authority and responsibility of
the Security Council under the present Charter
to take at any time such action as it deems
necessary in order to maintain or restore
international peace and security.”
e. PRINCIPLE OF STATE CONTINUITY?
It states that the disappearance of any of the
elements of statehood would cause the
extinction of the State, but mere changes as to
one or more of the elements would not
necessarily, as a rule, bring about such
f.
extinction. Despite such changes, the State
continues to be an international person.
RULES ON SUCCESSION OF STATES.
1. As to territory – The capacities, rights and
duties of the Predecessor State with respect to
that territory terminate and are assumed by the
successor State.
2. As to State property – The agreement
between the predecessor and the successor
State govern; otherwise:
a. Where a part of the territory of a State
becomes part of the territory of another State,
property of the predecessor State located in that
territory passes to the successor State.
b. Where a State is absorbed by another
State, property of the absorbed State, wherever
located, passes to the absorbing State.
c. Where a part of a State becomes a
separate State, property of the predecessor
State located in the territory of the new State
passes to the new State.
3. As to public debts ‐ Agreement between
predecessor and successor State govern;
otherwise:
a. Where a part of the territory of a State
becomes part of the territory of another State,
local public debt and the rights and obligations of
the predecessor State under contracts relating to
that territory are transferred to the successor
State.
b. Where a State is absorbed by another
State, public debt and the rights and obligations
under contracts of the absorbed State pass to
the absorbing State.
c. Where a part of a State becomes a
separate State, local public debt and the rights
and obligations of the predecessor State under
contracts relating to that territory are transferred
to the successor State.
4. As to treaties:
a. When part of the territory of a State
becomes the territory of another State, the
international agreements of the predecessor
State cease to have effect in respect of the
territory and international agreements of the
successor State come into force there. (“Moving
Treaty or Moving Boundaries” Rule ‐ 3rd State
may seek relief from the treaty on ground of
rebus sic stantibus)
b. When a State is absorbed by another
State, the international agreements of the
absorbed State are terminated and the
international agreements of the absorbing State
become applicable to the territory of the
absorbed State. (“Moving Treaty or Moving
Boundaries” Rule ‐ 3rd State may seek relief
from the treaty on ground of rebus sic stantibus)
c. When a part of a State becomes a new
State, the new State does not succeed to the
international agreements to which the
predecessor State was a party, unless,
expressly or by implication, it accepts such
agreements and the other party or parties
thereto agree or acquiesce.
f.