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Chapter 2: States and Individuals in International Law

Chapter 2: States and Individuals in International Law

pp. 53-133

Authors

, University of Wisconsin, Oshkosh,
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Extract

How do we define the state in international law, and what is its relationship to individuals? We begin by outlining the state as a legal concept and differentiating it from similar concepts. We then explore the legal personality of the state under international law, including the elements of statehood, absolute and restrictive immunity, and state responsibility. The problems of state recognition (or non-recognition) of other states and governments is a key to understanding how states interact, as are changes in state status (e.g., secession or other consequential changes).  The last half of the chapter is devoted to the reciprocal responsibilities state and individuals have toward one another, focusing on nationality, citizenship, refugees, statelessness, and the state’s treatment of foreign nationals.

Keywords

  • state
  • nation
  • elements of statehood
  • recognition
  • state responsibility
  • immunity
  • legal personality
  • individuals
  • citizenship

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