International Legal Personality - Case Study Example

Order 194033   International legal personality (international law) Concept of International Legal Personality. The concept of International Legal Personality has had mixed opinions from various quarters. However with time the concept has almost become accepted universally. International Legal Personality Initially was thought to be possessed by only recognized states, but with lapse of time some International Organizations have also been recognized as International Legal Personalities. In clear terms an International Legal Personality of any body should have or fulfill various requisites. These are:- (i) Permanent Population: - For any International Legal Personality to exist it must have a permanent population. The population forms the subjects of that nation which in them is a subject of International Law. (ii) Definite Territory: - A state must have set boundaries. The territory defines the size of the nation within which its citizens live. (iii) Government: - Once a state has been recognized as a member of International Community, it must have a government in place in order to guide and carry out the activities of a Nation. Above all the government is tasked to ensure security of its citizens, protect its boundaries and apply the law. (iv) Capacity to enter into relatives with other Nations: - A recognized has the right of entering into relations with other states. This is aimed at bolstering good relations with other states and to promote the interests of the other nation in a Foreign Country. This promotes peace amongst nations and promotes trade as well. In essence not states alone are recognized as International personal International bodies and Organizations representing other nations as their members like world Health Organization (WHO) World Trade Organization (WTO) are recognized to be International Legal persons within the definition of International Law. Generally a state is recognized when it possesses essential elements of statehood. The recognition of a state means that it has been included as a member of International Community. Once a state has been recognized, it becomes a member of International Community. By recognitions the International Community determines that the recognized state possesses the essential quality of a state, and is able and willing to fulfill its International obligations. Overtime various theories have evolved over recognition of statehood. The main theories on recognition of statehood are:- a) Constitutive theory b) Declaratory or Evidentiary theory. (a) Constitutive Theory:- According to this theory, recognition clothes the recognition of a state with rights and duties of International Law. Recognition is a process through which a political community acquires International Personality by becoming a member of family of Nations. Hegel, Anzilloti, Oppenheim etc. are the chief exponents of constitutive theory. In the words of Oppenheim (Supra note I, pg 125) a state is and becomes an International person, through, recognition only and exclusively. According to constitutive theory, statehood and participation in the International legal order are attained by a political group only in so far as they are recognized by established state (P.E. Corbett, The Growth of world Law (1971) pg 62.) (b) Declaratory Theory Looking at declaratory theory, statehood or the authority of new government exists as such prior to and independently of recognition. The chief exponents of this theory are Hall Wagner, Brierly, Pitt Corbett and Fisher. According to Prof. Hall, a state enters into the family of nations as a light when it has acquired the essential attributes of statehood. Pitt Corbett has expressed the view that existence of a state is a matter of fact. In his words “so long as a political community possesses in fact the requisites of statehood, formal recognition would not appear to be in a condition precedent to acquisition of the ordinary rights and obligations incident thereto. Briefly has also remarked the granting of recognition to a new state is not a consultative but a declaratory act. A state may exist without being recognized and if it exists in fact, then whether or not, it has been formally recognized by other states it has a right to be treated as a state (J. L. Briefly the law of Nations, sixth Edition (1946). International Legal Personality of Wales Wales is one of the four countries that make the United Kingdom. It is located in the South West of the Island of Great Britain. Wales is bordered by England to the East, Irish to the South. The British monarchy is the head of state of Wales. Executive power is derived by the Queen. The power is exercised by parliament of United Kingdom at Westminster with same powers devolved to National assembly for Wales in Cardiff. The primary legislation for Wales is done by the parliament of United Kingdom Cardiff was recognized as the capital of Wales in 1955. The National assembly of Wales is a developed legislative formed in 1999. Its main powers are to amend primary legislation from the UK parliament. The legislation is at liberty to propose and pass its own law. The National assembly of Wales is not yet a sovereign authority. Therefore the UK parliament can overrule or abolish any law passed by the parliament of Wales. However much is being done to see that Wales is full autonomous in enacting its laws without any parliament having power to overrule them. This is evident from the government of Wales Act 2006. This bill seeks to give Wales power to be autonomy in making of its laws and regulations. The National Assembly of Wales was founded under Government of Wales act in 1998 the National assembly members number to about sixty. The party that wins majority seals in parliament forms the government by appointing first minister of Wales who acts as the head of government. English law is regarded as the common law for Wales. In essence Wales can now be regarded as an international region. The government of Wales’s act 2006 transferred some primary legislation powers to the National assembly of Wales. Even though Wales has not established its missions abroad, it can be able to enter into contract with other countries. Wales being an international region an also sue and be sued in its own name. Therefore with time Wales will be autonomous. Wales has its government and territories. It has also been tasked of making it own laws. Tin this regard Wales as a nation is a subject of international law giving rise to it being recognized as an international personality. Legal personal of WTO: The four-day ministerial meeting to usher I liberalized world trade organization started on 12th April 1994 at Marrakesh. The director general of GATT, Mr. Peter Southland stated that the world trade organization (WTO) will play an active role in setting the trade policy agenda, working on consensus and basing itself on the fundamental principle of non-discrimination. The world treaty signed by 124 countries was estimated to add an annual $235 billion to the world economic income within a decade. The WTO is working to eliminate non-tariff barriers, and can be sued to challenge environmental health, and other regulations that may serve legitimate social goals but regarded as implements to internal trade. The main formation of WTO was to reduce trade barrier based on most favored nation principle which requires that when a nation grants a trade privilege to one country, it must grant the same privilege to all GATT, members unlike GATT, WTO has fetch to bite. For instance under WTO panel decisions are binding if one nation makes a complaint to the WTO that another nations’ law or regulation is protectionist and in violation of WTO rule, that WTO can make that country bring the law into compliance with WTO standard. If the country fails to comply, the WTO can authorize the complaint nation to impose trade sanctions. In the real sense WTO is an international organization with international personality. It is a body representing over 125 members. The body can makes its own laws and regulations which binding its members. Therefore the body being a legal body can bring a suit against its member and can also be sued in the like manner. It being a legal body, it has also the capacity of entering into contract with other organizations as its well as member countries. Legal personality of Palestine. Palestine, under the Palestinian National authority is the administrative organization that governs parts of the West bank and Gaza strip. The authority was founded in 1994 through the OSLO accord between Palestine liberation organization (PLO) and the government of Israel. According to the agreement reached, Palestinian authority was to take control of Palestinian urban areas (area A and civilians control in rural areas (Area B). The Israel settlement, Jordan valley, by pas roads area c was to be under control of Israel. However, Jerusalem was excluded. During this time Yasser Arafat who was on exile in Tunisia was able to reform and take control. According to Michael Kelly premises but never peace article “Arafat’s entry into Gaza was an object lesson; a purposely uncaring display of brute power. He arrived from Sinai in a long caravan of Chevrolet Blazers and Mercedes Benzes and BMW’S 70 or 80 cars packed to the rooflines with men with guns. The caravan roared up the thronged roads and down the mobbed streets with the overfed, leather jacketed, sunglasses thugs of Arafat’s bodyguard detail all time screaming and shooting off their Kalashnikovs to make their beloved people scurry out of their beloved leaders way (www. Palestine facts org). In 1996 elections were held in Palestine where Yasser Arafat won by 88%. In the real sense Palestine which is locked in disputes with Israel is yet to be a sovereign state. With the death of Yasser Arafat 3 years ago negotiations have been going but the formation of the government by the Hamas which was later suspended by president Abbas hampered the peace process. Although the Palestine has an assembly bad it is yet to be declared a sovereign state. Therefore at this juncture it cannot be regarded as an international personal few countries have representatives in and out of Palestine. ALQAEDA (THE BASE) Al Qaeda is an international alliance of Islamic Militant organizations founded in 1988 (Wright looming Tower (2006) by Assam (Osama Bin Laden) after soviet war in Afghanistan. The main information of this outfit organization was to fight back the soviets who had invaded Afghanistan in 1980s. After the withdrawal of soviets Bin Laden returned to his native Saudi Arabia. When he was suspended he went to Khartoum, Sudan. Al Qaeda is not defined by any particular conflict. It operates as a franchise. Al Qaeda being an amorphous outfit that has spelt its mission as against the Americans and Jews is not an international personality. This body is an illegal one which carries out illegal activities. Therefore before international law it is an amorphous organization Texaco overseas petroleum company Texaco overseas Petroleum Company is one of the worlds largest oil companies it produces petroleum products like automotive gasoline, aviation and heating fuels. Texaco founded in early years as Texas oil industry had a wonderful performance and already growth in the earlier years. However the company was hampered by several court cases brought against it. The most common one was the suit fired by Pennzoil Company seeking damages arise out of its interference by Pennzoil to acquire three sevenths of Getty shares. Texas states District court in Houston ordered Texaco to pay Pennzoil $ 10.5 billion in damages. A fine settlement of $ 3 billion was agreed between the two companies. However due to its disposing some of its holdings abroad, Texaco still remains a holding company for several subsidiaries. Texaco has also international offices running like in Canada, Britain etc. Therefore Texaco is an international legal entity. Those offices in USA are guided by the laws of USA and those outside USA in use by the laws of the land where they are situated in this regard Texaco overseas limited has an international legal personality. Texaco Overseas Petroleum Limited has an international personality is governed and bound by international just like a nation. Texaco is treated at bar like other nations. It can seek redress in any international tribunal or court. This is evident from Texaco Petroleum Overseas Limited v. Libya (1978) in which the arbitrator had cause to discuss the international law in relation to nationalization of foreign property. On this Arbitrator Prof. Dupuy remarked, “On the basis of the circumstances of adoption and by expressing an opinion juris communis, resolution 1803 (xvii) seems to this tribunal to reflect the state of customary law existing in this field. The consensus by a majority of states belonging to the various representative groups indicates without the slightest doubt universal recognition of the rules therein incorporated. (1978) ICJ). BIBLIOGRAOPHY 1. A.M. Bonnici, Treaties and International Law, fourth edition, Butterworth. Read More