PRIVATE NORTHEASTERN UNIVERSITY

“GREAT MARSHAL OF AYACUCHO”

FACULTY OF RIGHT
THE TIGER CORE
ANZOÁTEGUI STATE

The State as a subject of Law and

International actor

Teacher: Members:
Abg. Natera, Nahir Salazar Ramón. IQ: 13.
Herrera, Eneidys. IC 17.747.028
Marquez, Francelis. IC
Fermin, Juan. IC
Martínez, Wladimir. IC 11.723.353

El Tigre, November 2016

 The State as a subject of Law and International actor

The state is considered a subject of law because it is the entity capable of being the
holder of rights and duties established in a legal system.

The state as an international actor acts through a federal state, which is responsible
for the acts and omissions of the member states; It also acts internationally because it
has the possibility of entering into international agreements.

The state as a subject of law and actor of international law has particular
characteristics that are:

1. Territoriality: in the sense that it cannot exist without a territory that serves as
its seat and material sphere where it exercises its legal and political powers.

2. Institutionality: in the sense that it constitutes a historical and permanent

association of politically organized human beings that pursue certain general
goals or purposes.

3. Permanent: in the sense that it constitutes the product of consciously

organized human beings with perspectives of indefinite duration.

4. Legal capacity or full enjoyment: because it is the only subject of public

international law (DIP) holder of all possible international legal rights and
duties.

5. Active: in the sense that it is not only a recipient of international legal norms,
but also a constant creator of norms of public international law.

The State has natural and original international legal personality, however some
theories have attempted to deny its personality.

Scelle's thesis: the only subjects of international law are individuals, since once the
State is dissolved there are only individuals left, either as rulers or as individuals.

Korovine's social classes: when the State dissolves, the ruling class emerges as the
real subject of international rights and obligations. According to this theory, the true
debtor was the class of bankers and the wealthy, a dominant class which, when it
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disappears, makes the obligation to pay debts disappear. This is a political doctrine,
which was later repudiated due to the form of strengthening carried out by the USSR.

Manzini's nationalities: this is also a politically based doctrine, aimed at the process of
unification and reconstruction of the Italian nation. It states that the true subjects of
international law would be nationalities, that is, communities of homogeneous
population, by virtue of their origin, race, language, and historical tradition.

As a criticism, it can be said that international reality demonstrates the existence of

States that do not correspond to a unit but are a plurality of nationalities; for example
Yugoslavia.

1- Typology of States

According to the purposes of public international law, States can be classified

according to various criteria, but according to the single or multiple legal subjectivity
with which they present themselves and act in the international sphere.

1. The Unitary State: constitutes the most common form of organization to which
the nation state evolved from the absolute state. This involves territorial unity
and the unification of legal systems. “its construction occurs through a
process… of concentration of power, unification of norms and uniformization of
populations.” Ribó and Pastor in Caminal. (1998).

It is a strongly centralized and concentrated state, that is, power and decision-making
are concentrated at a single level (the national level), sometimes being able to leave
some activities or functions in the hands of other bodies (deconcentrate). For
example, when a ministry has an office in an inland city, so that it can carry out its
own functions there. In practice, there are no democratic states that concentrate
power absolutely.

2. Federal State: A federal state is understood to be a state that bases its form
on the division of power in the territory, with certain essential characteristics,
namely:

 Political power is originally distributed (constitutionally) between institutions

that control different territorial spaces (states), power is shared between levels
of government.

 There is a distribution of constitutional powers and the existence of a

Constitution specific to each state.

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  The ability to collect and create taxes is distributed to the States to finance
their activities.

 Existence of federal institutions in which the states (Senate) and a

jurisdictional body for conflict resolution intervene.

1. Birth of States

The Birth occurs when the coexistence of its three constitutive elements occurs:
territory, population and government. The traditional school (Jellineck) teaches that
the birth of States is a matter of fact, which has a cause in completely different
matters of Law, such as historical, sociological or economic events.

2. State Modifications:

They are variations or mutations of its constituent elements that cause a series of
legal consequences that affect the legal personality, both in its territory, the
government and sovereignty.

 Modifications that affect the territory: due to the loss, (total, partial) of Poland in
1939, passing to Russia and Germany. Palestine passed to Jordan in 1942,
loss of the State, therefore the legal personality) and due to the annexation or
gain of the territory (called absorption) and does not affect the legal personality
of the annexer.

 Modifications that affect the government: constitutional and changes of

government.

3. Extinction of States:

According to Cavaglieri, he supports the thesis that the extinction of States is a matter
of fact that therefore escapes any legal assessment.

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In reality, it can be said that the extinction of States occurs with the loss of one of
their constitutive elements: population, territory and government.

 Population Loss: This would be a hypothetical case, although possible. It

would also lead to the loss of the Government. Diplomatic history does not
record any case of the end of a State due to the loss of its population.

 Loss of Territory: Many States have ceased to exist due to loss of territory.
These are the cases of incorporation. There may also be the case of State
dismemberment, which is a process in which a State ceases to exist to give
way to others. Just as was the case with Austria-Hungary after the first war.

4. Atypical subjects

They are those that are immersed in international law relations but do not comply with
any of the essential requirements of a sovereign state, that is, territory, population
and government.

 The nation

Guerra, (1999), considers that it is almost commonplace to establish the difference

between State and Nation when studying this subject. However, this distinction is
necessary to establish why the nation is not a subject of law. The difference lies in its
constituent elements. In effect, while the State has its essential elements: territory,
population and government; The nation has territory, population and instead of
government with a pre-determined social purpose, there is a historical, religious,
ethnic or other feeling that is very difficult to specify.

Hence, in international relations, nations do not exist as subjects of these relations,

because they lack that directing body, which is the Government, and rather many
nationalities can coexist within the same State, as was palpably seen in the case of
the Italian State, which It was divided into a series of nationalities until 1849, when
King Victor Emmanuel II, of the House of Savoy, undertook his national policy of
unification. The same thing happened with Austria-Hungary before the First World
War, a State divided into a good number of nationalities that were incompatible with
each other and which the tragic Prince Franz Ferdinand thought of grouping into a
Federal State in order to maintain the unity of such a troubled State.

 The Holy See (the Vatican)

The Holy See or Apostolic See is the expression that refers to the position of the
Pope as Supreme Head of the Catholic Church, as opposed to the reference to

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Vatican City as a sovereign State, although both realities are closely related. and it is
a fact that the Vatican exists as a State at the service of the Church.

The Holy See has its own legal personality and it is, strictly speaking, the one that
maintains diplomatic relations with the other countries of the world. For this reason,
the Lateran Pacts of 1929, which, among other matters, gave rise to the Vatican City
State, were celebrated between the Holy See and the then Kingdom of Italy.

However, the author Guerra (ob. cit.), considers that from the legal point of view it
cannot be considered as a subject because, strictu sensu, it is not equal to the State
and that, in effect, the Holy See lacks those characteristics that outline and configure
the State in its mission. fundamental to coexist within the international community
carrying out material purposes in accordance with the demands of the latter. This is
not observed in the Papacy.

In reality, it is an entity of International Law that, although it has a small territory, is

clearly fictitious because a State cannot be housed in its place; Although it has a
population, it is equally fictitious because if the Vatican City State grants a special
citizenship, Vatican citizenship, in reality this citizenship is sui generis, because it is
given by administrative positions and not by the fact of birth. Likewise, it can be
observed that the Papacy does not pursue material goals and its Government, due to
its special conditions, is totally different from that of the States.

 International organizations

They are public subjects of international law created through treaties, with the
purpose of managing the collective interests of a group of States, or of the
international community.

The dollar in Venezuela

Since March 9, 2016, the Government of the Bolivarian Republic of Venezuela has
made new unifications of dollar prices, creating the Dicom Rate and the Dipre Rate.

Two types of exchange will be used: Protected Currencies (Dipro) and

Complementary Currencies (DICOM).

Protected Currencies (Dipro):

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They are aimed at paying for health, sports, culture, scientific research and solving
students' payment for academic activities abroad, corresponding to requests
approved up to the period provided for in the academic offer. This system will be
managed at a cost of Bs. 10 per dollar.

Protected Rate: 10 Bs/$

Complementary Currencies (DICOM):

They cover the use of dollars for any activity that does not fall within the framework
detailed in the other rate, that is, trips abroad, electronic purchases and other
purposes. Using a cost of the last current SIMADI rate.

Floating Rate: 663.89 Bs/$

The parallel dollar

It is one that circulates within the Venezuelan financial market but outside the
“official” circuit. That is, the parallel dollar is not the legal one, although its circulation
and importance are such that the government intervenes in the financial market to
regulate its price. At least, not like in other countries, its existence is accepted.

Official Parallel Dollar = 2,971.62

Implicit change

It is a reference on what the official dollar should be and shows how the economy of
a country is, by showing what the currency support of the bolivars that are used is.

Implicit Dollar: Bs. F. 723,76

Why is the price of the parallel dollar rising?

Luis Vicente León, president of the market research and intelligence company,
Datanalisis, explained in one of his analyzes that the price varies according to what

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holders of bolivars are willing to pay, who seek to protect their assets by investing in
foreign currency. , preferably the greenback.

When there is no open and transparent currency market, distortions are created and
other vices appear such as speculation and manipulation by those interested in the
price rising, generally those who trade, market and do business with it.

For León, the main determining factor in the rise in prices is the enormous demand
for foreign currency that exists in the market in the face of limited supply. “The market
feels that the supply of foreign currency will worsen even more in the future and also
that they may be left full of bolivars that will not have the same value, locked in an
economy in crisis and with severe inflation,” the analyst adds.

Other influencing factors, according to León, are the cash deficit in PDVSA and the
government's refusal to adjust the national economy with truly effective measures,
which imply a change in the current economic model. “It is clear that the value of the
bolivar is pulverizing and capital holders are willing to pay whatever it takes for a hard
currency with which they can protect the value of their money,” he adds.

“A fiscal deficit of 18 points of GDP, financed via BCV (that is, monetary expansion)”
and the “fall of more than 60% in (the) settlement of foreign currencies are more than
sufficient causes for the takeoff of the price of the parallel dollar in Venezuela”,
indicates for his part the economist and partner-director of Ecoanalytica, Asdrúbal
Oliveros.

Also added to the scenario are distrust of exchange controls, obstacles to free access
to foreign currency in an increasingly controlled market, the collapse in oil prices that
reduced the nation's income by half - income from which obtains 96% of the foreign
currency - and the increase in country risk in the international market.

Note: The rates established in this report are from 11/26/2016.

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