Competence and Capacity. The word ‘competence’ has the linguistic connotation of the ability to do something well.106 When an entity, being a State defined by international law or an organ of the State, has a specific competence, this means that this entity is able to do something – can do something well. This competence is to be distinguished from a very similar concept of capacity. Xxxxxxxxx Xxxxxxx said that capacity in international law means the aptitude of a person to the enjoyment and exercise of rights under that law; this is an attribute of the State as an international person.107 Full capacity, that is the status of sovereignty, is the normal condition of a State, but a State is able to bind itself to special limitations.108 In contrast, competence is a question of what an organ or officer of a State is to transact a particular kind of governmental business.109 Internal law de- termines the competence of an organ of a State and thereby confers the author- ity to that organ.110 Therefore, competence is used to describe the ability of an organ or authority designated by a State; such competence is determined by internal laws. It is different from the description of the full capacity of a State – the sovereignty. A State cannot exercise sovereign powers without conferring competences to its governmental organs;111 in this sense, the com- 104 In the context of international air transport, the concept of jurisdiction must be understood as the competence based on both national and international consensus and law, to decide on matters regarding civil aviation in policy, technical and economic terms. See Xxxxx Xxxxxx de Xxxx. Cabotage in Air Transport Regulation. Xxxxxxx, 1992, pp. 30-31. 105 Xxxxxxxxx Xxxxxx, ‘Jurisdiction of states and the law of the sea’, in Research Handbook on Jurisdiction and Immunities in International Law. Xxxxxx Xxxxx Publishing 2015, p. 114. 106 xxxxx://xxx.xxxxxxxxxxxxxxxxxxxxxxxxxx.xxx/us/definition/english/competence, last ac- cessed 2 February 2022. 107 Xxxxxxx Xxxxxxx, ‘Competence to Bind the State to an International Engagement’, The American journal of international law 30 (1936), p. 440-441. 108 ibid. 109 ibid. 110 ibid. 111 On ‘State organ/entity’, see United Nations, Responsibility of States for Internationally Wrongful Acts 2001. The draft articles, which also contain commentaries, appears in Yearbook of the International Law Commission, 2001, vol. II (Part Two), pp. 40-42. Text petence of an entity is determined by international law for the...
Competence and Capacity. DxXxxxxx is an individual, resident of the Province of Québec, Canada, and competent to conduct his affairs and to enter into and perform his obligations under this Agreement. Cxxxx has the capacity and the legal right to enter into this Agreement and to perform his obligations hereunder.
Competence and Capacity. The Contender shall have the capacity, and the subject matter expertise in relation to the solution and services offered cf.
