International Law: State Continuity and Doctrines

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Questions and Answers

Which method of state creation involves the transfer of territory with the intention of passing sovereignty?

Accretion

Conquest

Discovery and occupation

Cession (correct)

What is the term for the acquisition of territory through continuous occupation over a long period?

Conquest

Cession

Discovery and occupation

Prescription (correct)

Which of the following correctly describes state recognition?

The capacity of a state to assure its exercise of rights

A political act that indicates willingness to interact under international law (correct)

A legal requirement for all states to comply with

An automatic process of acknowledging a new state

In which situation does a state NOT automatically gain title to land?

Through conquest Signup and view all the answers

What distinguishes nationality from citizenship?

Citizenship is related to legal status, while nationality indicates membership in a nation. Signup and view all the answers

What occurs when territories enlarge due to natural processes or human intervention?

Accretion Signup and view all the answers

Which of the following methods does NOT relate to the creation of states?

Population consent Signup and view all the answers

Which scenario does NOT contribute to a person becoming stateless?

Acquiring citizenship through marriage. Signup and view all the answers

What is the primary discretion regarding state recognition based on?

Political policy of the recognizing state Signup and view all the answers

Which of the following best defines a refugee?

A person who is persecuted and unable to return to their country due to fear for their safety. Signup and view all the answers

How can nationality typically be acquired?

By birth or descent. Signup and view all the answers

Which of the following statements about states is true?

States enjoy equal rights irrespective of their power. Signup and view all the answers

Which of the following is NOT a salient right of refugees?

Voting in national elections Signup and view all the answers

Which group of individuals is most likely to be stateless?

Children born to parents without a registered nationality. Signup and view all the answers

What principle ensures that refugees are not returned to countries where they might be persecuted?

Non-refoulement Signup and view all the answers

According to the Lauterpacht Doctrine, what constitutes an abuse of the power of recognition?

Recognizing an entity not legally deemed a state. Signup and view all the answers

What does the principle of state continuity imply?

A state remains the same corporate entity despite internal changes. Signup and view all the answers

Which doctrine denies recognition to governments formed through violent means?

Wilson/Tober Doctrine Signup and view all the answers

What does the Betancourt Doctrine specifically address?

Diplomatic recognition of military regimes. Signup and view all the answers

Which of the following statements about refugees is incorrect?

Refugees are always provided with permanent residency immediately. Signup and view all the answers

What does the right to self-defense entitle a state to do?

Take any military measures it deems necessary against any threat. Signup and view all the answers

Which right ensures that states cannot control the sovereignty of others?

Right to independence Signup and view all the answers

What does the doctrine of equality of states assert?

States should be treated equally regardless of their size and strength. Signup and view all the answers

What does the right to legation involve?

The right to send and receive diplomatic missions. Signup and view all the answers

Study Notes

State Continuity

The principle of state continuity maintains that a state remains the same legal entity regardless of changes in its government or internal organization.

Landmark Doctrines

The Wilson/Tober Doctrine dictates that recognition of new governments established through violent means, like revolutions or coups, is not allowed until a freely elected constitutional government is formed.
The Betancourt Doctrine denies diplomatic recognition to any regime, regardless of its political leaning, that came to power through military force.
The Lauterpacht Doctrine disallows recognition of entities that do not fulfill the conditions of statehood, as it views recognition as an abuse of power.
The Stimson Doctrine preempts recognition of governments established through external aggression.

Rights of States

The right to independence encompasses liberation from control by other states or communities of states but does not imply freedom from international law obligations. The right to independence is accompanied by the duty of non-intervention.
The right to equality is based on the principle of equality of states in international law, despite differences in size, population, wealth, or civilization.
The right to existence and self-defense allows states to use force to protect their existence from threats.
The right to territorial integrity and jurisdiction includes the right to control all land, sea, air, and space within its territory.
The right to legation enables states to send and receive diplomatic missions for friendly communication.

Nationality

Nationality denotes the legal and social connection between an individual and a specific nation or state. This connection is often tied to rights and obligations concerning living within a country, employment, and access to government services.

Statelessness

A stateless person is someone who is not recognized as a national by any country. This situation can arise at birth or may be a consequence of events like a lack of birth registration.

Refugees

A refugee is defined as an individual who, fearing persecution based on race, religion, nationality, social group affiliation, or political opinion, is outside their homeland and unable or unwilling to seek its protection due to this fear.
The principle of non-refoulement protects refugees from being returned to their homeland or another country where their life or freedom is threatened.
Refugees hold significant rights, including non-discrimination, employment opportunities, access to legal representation, self-employment, housing, and freedom of religion.

States

States are juridically equal, possessing the same rights and capacity in exercising them. Their rights are not contingent on power but on their existence as recognized entities within international law.
States can be formed through:
- Discovery and occupation: A territory is brought under the sovereignty of a claiming state.
- Prescription: A territory is acquired through continuous possession over a long period.
- Cession: A territory is peacefully transferred from one sovereign to another.
- Accretion: A state's land area expands through natural or artificial means.
- Conquest: While a victor may have certain rights regarding conquered territory, the land's legal ownership remains with the previous sovereign.

State Recognition

State recognition is an act by which one state acknowledges the existence of another state, government, or belligerent community and indicates its willingness to interact with them according to international law.
State Recognition is a discretionary act performed by the political department of recognizing states. It is a political act and primarily a matter of policy.
The integration of a new state into the international community doesn't happen automatically but through recognition by existing states.

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Description

Explore the principles of state continuity and landmark doctrines that shape the recognition of governments in international law. This quiz covers the Wilson/Tober, Betancourt, Lauterpacht, and Stimson doctrines, highlighting their implications for statehood and independence. Test your understanding of these essential legal concepts.