Aula 21. Organizações internacionais - parte 1

Summary

This lecture provides an in-depth exploration of international law, focusing on state succession, the formation and functions of international organizations, and the roles of their members. It covers the legal concepts of state succession in cases of independence, merger, or dissolution, with examples like Russia succeeding the Soviet Union. The discussion shifts to the creation of international organizations by states, their autonomous legal personality, and the various types of membership—permanent, observer, and temporary. The lecture concludes with the importance of international cooperation to address global challenges such as trade, human rights, and disease control.

Takeaways

• 😀 States are the primary subjects of international law, and organizations are secondary subjects created by states.
• 😀 International organizations are legal entities with independent personality, created by states for specific purposes, and they can have their own legal rights and obligations.
• 😀 The succession of states is a complex issue, especially when new states arise or existing ones dissolve, affecting nationality, assets, and liabilities.
• 😀 International organizations can act on behalf of their members, such as holding bank accounts or owning property, through their own legal personality.
• 😀 Membership in international organizations can be permanent, temporary, or observational, with different levels of involvement and rights.
• 😀 For an international organization to have a recognized legal personality, all member states must acknowledge it, but there is debate about whether non-member states are required to recognize it.
• 😀 The United Nations (UN) is an example of a large international organization with a general assembly where all member states are represented.
• 😀 International organizations can address various global issues, such as trade, human rights, and health, with specific organizations created to tackle each area.
• 😀 Staff members of international organizations are often neutral and act in the collective interest of the organization, not representing their home country.
• 😀 Some international organizations, like the WTO and Mercosur, are aimed at economic cooperation, trade integration, and resolving conflicts between member states.
• 😀 International organizations often have specialized committees or bodies to handle specific issues, such as intellectual property or environmental concerns, and they may include judicial bodies to resolve disputes.

Q & A

What is the main focus of the discussion in the video?

The video focuses on international law, specifically on the succession of states, the role of international organizations, and how they function within the international legal framework.

What does 'succession of states' refer to in international law?

Succession of states refers to the legal process by which one state takes over the rights and obligations of another state. This can happen due to events such as state independence, territorial changes, or dissolution, where the new state inherits the international legal status of the former state.

How does the dissolution of a state impact its legal obligations?

When a state dissolves, its legal obligations, such as debts and treaties, need to be negotiated. Successor states may inherit certain rights and duties, depending on international agreements and the recognition of the successor state by other countries.

Why is the concept of nationality important in the succession of states?

Nationality is important because when states dissolve or merge, citizens' nationalities may change. People may become nationals of a new state, and their rights as citizens are affected, including their legal status and entitlements under international law.

What are some challenges in determining the successor state after a dissolution?

Challenges include determining which state inherits the assets, debts, and international obligations of the former state, as well as handling the nationality of the citizens, territorial claims, and the recognition of the successor state by the international community.

What role do international organizations play in the international legal system?

International organizations are legal entities created by states to address global issues. They can have independent legal personalities, distinct from the states that created them, and play a key role in facilitating international cooperation on issues like trade, health, security, and human rights.

How do international organizations obtain their legal personality?

International organizations obtain legal personality through treaties or agreements between states that establish the organization. These treaties grant the organization the ability to act as a separate legal entity, allowing it to hold property, enter into contracts, and perform other legal functions.

What is the difference between permanent members and observer members in international organizations?

Permanent members are full participants in an international organization, with voting rights and the ability to make decisions. Observer members, on the other hand, can attend meetings and observe the proceedings but do not have voting rights or full participation in decision-making.

Why do states create international organizations?

States create international organizations to address common global challenges that cannot be solved by individual nations alone. These challenges include promoting peace, human rights, economic cooperation, public health, and environmental protection.

What is the role of the assembly in an international organization?

The assembly is typically the highest decision-making body in an international organization, where representatives of all member states gather to discuss and decide on policies, budgets, and other significant issues. The assembly often sets the agenda and approves the rules and regulations of the organization.