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Questions and Answers
What approach asserts that legal criteria alone determine the creation of a state?
According to the constitutive view, what is essential for an entity to be recognized as a state?
Which article of the Montevideo Convention states that the political existence of a state is independent of recognition by other states?
What did the International Community of Jurists conclude regarding the recognition of Finland?
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Which of the following is NOT listed as a criterion for statehood in the Montevideo Convention?
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What is a significant practical consequence for a non-recognized state according to international law?
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In the context of state creation, which of the following statements best summarizes the main difference between the declaratory and constitutive views?
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Which of the following best describes the significance of a permanent population in determining statehood?
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What is a necessary condition for an entity to be considered a state?
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Which method of acquiring territory allows for a state to gain title when new land is created naturally?
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Which of the following statements about state succession is accurate?
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What does the principle of 'terra nullius' refer to?
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Under what condition can artificial accretion be recognized as new territory?
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What is an example of a typical successor state?
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Which acquisition method is now largely irrelevant under modern international law?
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What type of state does not inherit obligations from its predecessor under modern international law?
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In what year did the United States purchase Alaska from Russia?
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Which of the following actions does not lead to legal acquisition of new territory?
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Study Notes
Statehood
- Statehood is an important concept in international law and is defined as an organized political community under one government.
- States are the most significant actors in international law as they give legitimacy to the system.
- The creation of states is governed by specific rules and principles.
- The legal status of states has traditionally been debated through two contrasting views: the declaratory view and the constitutive view.
Declaratory View
- This view holds that the creation of a state is primarily a legal matter and that meeting specific legal criteria determines statehood.
- If an entity fulfills the necessary pre-determined requirements it automatically enjoys the rights and duties of a state in international law.
- The contemporary approach to international law is based on the declaratory view.
- Article 3 of the 1933 Montevideo Convention on the Rights and Duties of States supports the declaratory view by stating that a state's political existence is independent of recognition by other states.
Constitutive View
- This view argues that recognition by other states is a precondition for statehood.
- An entity, even if it possesses all the characteristics of a state, will not be considered a state under international law unless recognized by other states.
- Recognition has practical implications for the non-recognized state as it may hinder the establishment of bilateral relations and treaty agreements.
Criteria for Statehood
- The 1933 Montevideo Convention on the Rights and Duties of States outlines the commonly accepted criteria for a state:
- Permanent Population: No specific numerical threshold exists.
- Defined Territory: The state's boundaries must be clearly defined and established.
- Government: An effective government must exist to exercise control over the territory and ensure compliance with international obligations.
- Capacity to Enter into Relations with Other States: The state must possess the legal independence to establish relations with other states.
Methods of Acquiring Territory
- States can acquire territory through various methods:
- Cession: One state purchases a territory from another. Example: The United States' purchase of Alaska from Russia in 1867.
- Accretion: Acquisition of new territory through naturally occurring land formations. Example: The formation of Surtsey island off the coast of Iceland in 1963.
- Occupation: Acquisition of territory that has never been subject to a state's sovereignty (terra nullius). Title is acquired through effective control and the intention to claim the territory.
- Conquest: Historically recognized as a method of acquiring territory through forceful occupation. This is now prohibited under international law.
State Succession
- State succession refers to the replacement of one state by another in the responsibility for the international relations of a territory.
- Under customary law, successor states are not bound by treaties or obligations of the predecessor state.
- However, the 1978 Vienna Convention on Succession of States in Respect of Treaties and the 1983 Vienna Convention on Succession of States in Respect of State Property, Archives and Debts provide specific rules on state succession.
- These conventions distinguish between different types of successor states, including:
- (Typical) Successor State: A new sovereign state formed over territory previously under the sovereignty of another state.
- Continuator State: One of the successor states of a fragmented entity claiming inheritance of the predecessor state's treaty rights and obligations.
- Newly Independent State: A completely independent state formed, not bound by its predecessor state's treaties or obligations.
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Description
Explore the fundamental concepts of statehood in international law, including the definitions and legal criteria for establishing a state. This quiz examines the contrasting views of statehood, particularly the declaratory view as outlined in the Montevideo Convention.
