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Questions and Answers
Which of these options are elements of state recognition?
Which of these options are elements of state recognition?
- Discovery and occupation
- Co-option (correct)
- Prescription
- Accretion
What is the concept of 'Damnum absque injuria'?
What is the concept of 'Damnum absque injuria'?
- The principle of non-refoulement.
- Loss or damage without injury (correct)
- The right to send and receive diplomatic missions
- The right to independence
What is the primary difference between 'individual self-defense' and 'collective self-defense'?
What is the primary difference between 'individual self-defense' and 'collective self-defense'?
- Individual self-defense is when a state defends itself against another state's aggression, while collective self-defense is when a group of states defend themselves against aggression.
- Individual self-defense is when a state uses force to defend itself, while collective self-defense is when a group of states come to the aid of a state facing an attack. (correct)
- Individual self-defense is when a state uses force to defend itself, while collective self-defense is when a group of states use force to defend themselves against a common threat.
- Individual self-defense is when a state uses force to defend itself, while collective self-defense is when a state defends itself from an attack on one of its citizens.
What is the difference between the Wilson/Tobar Doctrine and the Betancourt Doctrine?
What is the difference between the Wilson/Tobar Doctrine and the Betancourt Doctrine?
Which of the following is NOT a right of states?
Which of the following is NOT a right of states?
What is the purpose of 'baseline' in the law of the sea?
What is the purpose of 'baseline' in the law of the sea?
Which of the following is NOT a criterion for a state to be recognized as a state under international law?
Which of the following is NOT a criterion for a state to be recognized as a state under international law?
What is meant by the 'principle of state continuity'?
What is meant by the 'principle of state continuity'?
What are the core elements of the concept of nationality?
What are the core elements of the concept of nationality?
Which of these is a recognized method of state creation?
Which of these is a recognized method of state creation?
Flashcards
States
States
Entities with rights and responsibilities under international law.
Nationality
Nationality
Legal bond reflecting connection, identity, rights, and duties among people.
Refugee
Refugee
A person persecuted for specific reasons and unable to return home.
Elements of a State
Elements of a State
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State Recognition
State Recognition
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Principle of State Continuity
Principle of State Continuity
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Collective Self-Defense
Collective Self-Defense
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Anticipatory Self-Defense
Anticipatory Self-Defense
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Statelessness
Statelessness
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Law of the Sea
Law of the Sea
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Study Notes
States, Nationality, and Statelessness
- States are entities with rights and responsibilities under international law, enabling them to maintain their rights through claims.
- Nationality is a social connection, involving genuine attachments, interests, and mutual rights/duties.
- A refugee is someone fearing persecution due to race, religion, nationality, social group or political beliefs, outside their home country and unable/unwilling to seek protection.
Elements of a State
- A state requires a permanent population.
- A defined territory is essential.
- A functioning government is needed.
- Capacity to engage in relations with other states.
State Creation
- States can be created through: discovery, occupation, prescription, cession, accretion, and conquest.
State Recognition
- State recognition signifies acknowledgement of a state's existence by another state, willingness to engage under international law.
- Co-option is recognition by existing states.
- The principle of state continuity: the state remains the same entity despite changes in its organization and government
Landmark Doctrines in State Recognition
- Wilson/Tobar Doctrine recognizes revolutionary/civil war-established governments.
- Betancourt Doctrine denies diplomatic recognition to regimes attaining power through force.
Rights of States
- States have jurisdiction over their territory.
- All states are equal under international law (despite inequalities).
- States can defend themselves individually or collectively.
- States are independent and have the right to existence.
The Right to Independence and Equality
- States are free from control by other states or groups.
- International law dictates all states are equal.
The Right to Existence and Self-Defense
- States can use necessary measures, including force, for self-preservation.
- States can defend other states under specific conditions (Collective self -defense).
- Anticipatory self-defense is permissible in good faith when facing an imminent threat.
The Right to Territorial Integrity and Jurisdiction
- States have rights over land, sea, air, and space.
Diplomatic Relations, Statelessness, and Other Concepts
- States can send/receive diplomatic missions for friendly relations.
- Statelessness means lacking nationality (by birth or loss of citizenship).
- Damnum absque injuria is a loss/damage without legal injury.
- Non-refoulement: Refugees should not be returned to a place where their rights are in jeopardy.
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