17748847
Description
Flashcards by Elizabeth Cheetham, updated more than 1 year ago
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Created by Elizabeth Cheetham
about 5 years ago
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| Question | Answer |
| To be subject to interntional law an entity has to posess what? | International legal personality |
| What is acquired when an entity gains legal personality | Statehood (Rights and Obligations) |
| What is the first thing needed for a state to obtain legal personality | Creation of Statehood |
| When looking at the creation of statehood what are the two things needed to be satisfied | Legal and factual criteria |
| How can a new state come into exsistence | Disappearance of an existing state |
| Where in IL are the criteria for statehood held | The Monte Video Convention on Rights and Duties of Statehood 1933 |
| What is the first criteria under the Montevideo convention for acquiring statehood? | A permanent population |
| What is the second criteria under the Montevideo convention for acquiring statehood? | A defined territory |
| What is the third criteria under the Montevideo convention for acquiring statehood? | Government |
| What is the fourth criteria under the Montevideo convention for acquiring statehood? | Capacity to enter into relations with other states |
| In what case was the general criteria [of the montevideo convention] described as “State is commonly defined as community which consists of territory and population subject to an organised politicial authoroity...such state is characterised by sovereignty” | The Arbitration Commission of the European Conference on Yugoslavia in Opinion No. 1 |
| What is the minimum criteria for a permenant population to establsh a state? | There is no minimum number |
| No defined or settled boarders are relevantto what part of acquiring statehood | Defined terrtitory |
| What effect do boundary disputes have on legal personality and statehood? | None |
| In what case was it said that certainty of a state comes from a stable political organisation strong enough to assert themselves independatly | Aaland Islands Case 1920 |
| In what country was there a case where there was no government but statehood was still granted | Kosovo |
| In Kosovo there was no central government (a criteria for statehood) how were they still granted statehood | State recognition |
| What is the effect of a breakdown of government on statehood | None |
| Capacity to enter into legal relations (4th criteria for statehood) is tied to what? | Recognition and legal relationships |
| What is required to prove in a conclusive legal sense, statehood | Independance |
| In what case was there a need to prove both formal aswell as actual independance of a state? | South Africa to it Bantustans tribes, Transkei |
| In the case of South Africa to it Bantustans (tribes?), Transkei what was the reason that the Organisation of African unity chose not to see them as seperate from South Africa> | They received around 90% of gov budget from SA |
| In what case was it seen that government functions could be run externally but the state would continue to be independant | Bosnia & Herzegovia |
| What is one of the main additional features of proving statehood (mainly thorugh the governnance criteria) | Self Determination |
| What was the traditional criteria for Self determination | Stability and effectiveness |
| What are the modern additions for Self Determination | Representative and democratic nature of Government |
| What are the four criteria for proving self determination (Through government) | Stable, effective, representative and democratic nature |
| In which state was there a claim of independance after sucession, where two governments sought recognitition& the one that could satisfy the criteria were recognised | Belgium Congo |
| Why was Rhodesia not recognised as being an independant state even though they had satisfied the criteria for factual statehood | There was the absence of Recognition which no state can surpass |
| When claiming independance and recognition what may states need to also prove? | The right to self-determination |
| What does proving the right to self-determination prove | the internal requirements (functioning within the state) have not being violated. |
| What is the act of accepting certain factual situations and giving them legal significence? | Recognition |
| Although recognition is not binding legally what can it at least provide? | Strong evidental satisfaction of criteria |
| How does the extinction of statehood come about? | Merger, Absorption, Annexation or dismemberment of a state |
| What is an example of one of the cases of extinction of a state by consent | North and South Yemen forming the Rep of Yemen |
| Upon what basis do the fundamental righ exsist? | By virtue of the International Legal Order |
| Where is there a definition for independance as a fundamental right of a state | Draft declaration on the Rights and Duties of States 1949 |
| The fundamental right of independance given as a characteristic of states is what kind of independance | Legal independence [economic/political independence shall have no effect upon this] |
| What case was it decided that restrictions o a states liberty did not affect its independance (such as control of tariffs) as long as the state wasnt under the legal authority of another state | Austro-German Custom Union |
| What case saw it said that... "estrictions upon the independence of states cannot therefore be presumed" | Lotus Case |
| What are the elements of a states independance key to maintaining? | A degree of stability in the Legal order |
| What are the 2 rights a state gains from independance | 1. Right of a state to exercise jurisdiction over it territory 2. Right to engage upon an act of self-defence in certain situations |
| What are the 2 duties gained from a states independance | 1. duty to not intervene with internal affairs of other states 2. A duty not assist or aid in subversive elements aiming at violent overthrown of governments of state |
| The duty to not intervene in internal affairs of another state is held where? | Declaration on Principle of International Law concerning Friendly Relations and Cooperation among states |
| Equality in of the states, grants them what | The same judicial capacity and functions and one vote in the UN general assembly |
| Where can you fin the elements of soveien for equality between states | 1970 Declaration on Principles of International Law |
| What is the first right that a state may enjoy regarding equality | Judicial equality |
| What is the second right that a state may enjoy regarding equality | Rights inherent in full sovereignity |
| What is the third right that a state may enjoy regarding equality | Duty to respect the personality of the other states |
| What is the fourth right that a state may enjoy regarding equality | The territorial integrity and political independence of the states are inviolable |
| What is the fifth right that a state may enjoy regarding equality | The right to freely choose and develop it political, social, economic and cultural system |
| What is the sixth right that a state may enjoy regarding equality | The obligation to fully comply and do so in good faith with it international obligations and to live in peace with other states |
| What is the one caveat in the UN to all states being equal | The eight states who hold veto power in the UN |
| The Sov Union declared what principles as the guiding pronciple for international law | The Principle of Peaceful Co-Exsistence |
| What is the first point of the principle of co-exsistence? | Territorial Integrity |
| What is the second point of the principle of co-exsistence? | Sovereignty |
| What is the third point of the principle of co-exsistence? | Mutual Non-aggression |
| What is the fourth point of the principle of co-exsistence? | non-interference with international affairs |
| What is the fifth point of the principle of co-exsistence? | Execution of international obligation in Good Faith |
| when an entity enters into agreement with another state to delegate the second state power over the first (itself), they may have separate legal personality but not separate statehood. - what kinds of state is this? | Protectorates |
| What is the concept of a protectorate state linked to? | Delegation of states sovereign power |
| What does entering an agreement as a protectorate state give to the original state? | Additional external and internal rights beyond what they originally had |
| In what case did Morocco give France some powers to exercise sovereign powers on their behalf - Where the ICJ delcared they retain soveign state status | The Treaty of Fez (Morocco) |
| In what case was a federal states charachterised as 'communities that possess a degree of autonomy and exercise of political power in the common institution of the federation. ' | The Yugoslavia Arbitration Commission in Opinion No 1 |
| What is the first way a federal state can divide powers? | 1. Where a federation dissolves into two (or more) states, where this was due to forceful exercise of secession there would be no right to self-determination |
| What is the second way a federal state can split their powers? | Where a federation dissolves into two (or more) states but peacefully under constitution, then this can be done under the exercise of self-determination |
| In a federation where would one find the infomation about the legal personality of the other states? | Under the Constitution |
| What state established that the Federal Governments may not make legislative provisions on matters ‘with respect to….forgein affairs.’ unless explicity allowed | Australia |
| What are the Funamental rights of a state under international Law? | 1. Independance 2. Equality of states 3. Peaceful Co-Exsistence |
| What does the act of mandating and trustee states | entrusting other nations to take responsibility for them due to geographical location, resources or experience. |
| What case saw the ICJ find there was no obligation of the UN to transfer a ‘mandate territory’ to the ‘trust territory’. | International Status of South West Africa |
| What case saw the ICJ decide SA’s presence in Namibia was illegal because of their failure to keep up to obligations. (approved by UN sec council in 1971) | Legal Consequences for States of the Continued Presence of South Africa in Namibia |
| What is it called where Two or more states exercise equal sovereignty with respect to territory & its inhabitants. | Condominium |
| Why in the New Hebrides (Anglo/French rule) couldnt there be unilateral action | Because their creation was through a condominium (International agreement) and the end had to come the same way |
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