Week 4
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What is necessary for a state to come into existence in international law?

  • Obtaining a constitution
  • Having a permanent population
  • Establishing a democratic government
  • Recognition by other states (correct)

What aspect distinguishes de facto recognition from de jure recognition of a government?

  • De facto refers to recognition by international organizations.
  • De jure recognizes effective control over territory.
  • De jure recognition is an informal acknowledgment.
  • De facto acknowledges a government that has effective control. (correct)

Which scenario exemplifies the extinction of statehood through annexation?

  • The dissolution of Czechoslovakia
  • North and South Yemen unification
  • East and West Germany's unification
  • Russia's annexation of Crimea (correct)

Which entity is considered a sui generis entity under international law?

<p>Taiwan (A)</p> Signup and view all the answers

What primary objective does the trusteeship system aim to achieve?

<p>Promoting the development towards self-government (C)</p> Signup and view all the answers

Which of the following conditions is NOT considered a right of states?

<p>Tax-free trade (B)</p> Signup and view all the answers

Which statement correctly describes the role of intergovernmental organizations?

<p>They can enter into treaties. (B)</p> Signup and view all the answers

Which type of recognition suggests a state already meets required criteria but lacks explicit acknowledgment?

<p>Implicit recognition (C)</p> Signup and view all the answers

What distinguishes the concept of sovereignty from that of central control in governance?

<p>Sovereignty involves authority over foreign affairs. (A)</p> Signup and view all the answers

Which of the following exemplifies a government recognized as having de jure status?

<p>A government recognized as the legitimate holder of power (A)</p> Signup and view all the answers

Which of the following is NOT a requirement for a state according to the Montevideo Convention?

<p>A democratic form of government (B)</p> Signup and view all the answers

What does the term 'terra nullius' refer to in the context of international law?

<p>A territory that is unclaimed and available for discovery (D)</p> Signup and view all the answers

What principle was established in the Island of Palmas case regarding territorial sovereignty?

<p>Continuous and peaceful display of territorial governance can establish sovereignty (A)</p> Signup and view all the answers

Which of the following is a recognized way for a state to acquire more territory?

<p>Discovery and establishment of settlement (D)</p> Signup and view all the answers

What is the significance of 'permanence' in the context of population for statehood?

<p>It signifies the need for a stable and enduring population (A)</p> Signup and view all the answers

Which method of acquiring territory is prohibited under international law?

<p>Occupation and prescription (A)</p> Signup and view all the answers

What would likely disqualify an entity from being recognized as a subject of international law?

<p>Lack of a government (D)</p> Signup and view all the answers

Which of the following does NOT represent a criterion of statehood under international law?

<p>Defined borders recognized by neighbors (B)</p> Signup and view all the answers

Flashcards

What defines a state in international law?

A state is a recognized entity possessing rights and obligations under international law, defined by characteristics like a permanent population, defined territory, government, and the ability to interact with other states.

What is terra nullius?

Terra nullius, meaning "land belonging to no one," is a concept that has been used to justify the acquisition of territory that was not previously claimed by another state. Because of its historical association with colonialism and the unjust acquisition of land, this concept is no longer accepted as valid under international law.

What is the Montevideo Convention?

The Montevideo Convention is an important treaty that defines the criteria for statehood in international law. It outlines the essential elements that a state must possess to be recognized by the international community, such as a permanent population, defined territory, a functioning government, and the ability to engage in international relations with other states.

What is the requirement for a state's territory?

A state's territory must have a distinct geographical location, identifiable with coordinates like latitude and longitude. It doesn't need to be flawless or uncontested.

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How can a state acquire territory?

A state's territory can be acquired through various means, including discovery (terra nullius), occupation, cession, and adjudication by international courts.

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What is occupation?

Occupation refers to the process of acquiring territory by physically occupying it. It involves establishing a continuous and peaceful presence in the territory, demonstrating a clear intention to govern it. It is a key way states have historically gained territory.

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What is cession?

Cession is a method of obtaining territory through an agreement between states, where one state formally transfers a territory to another. It usually involves a financial transaction or other kind of exchange.

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What is adjudication?

Adjudication refers to the process of resolving territorial disputes through international legal proceedings. It involves states submitting their case to an international court like the ICJ, which decides the rightful owner of the territory in question.

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Sovereignty

A state's ability to govern itself independently, without external control. It also implies the right to enter into international relations.

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Recognition of States

A state exists under international law when other states recognize its existence.

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De Jure Recognition of Governments

A state's formal acceptance of a new government in another state, even if it is not fully in control of its entire territory.

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De Facto Recognition of Governments

A state's acceptance of a new government in another state that is actually in control of the territory.

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Trusteeship Council

A formal structure that helps new entities transition to become independent states. It provides guidance on governance and establishing essential institutions like taxation and service provision.

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Extinction of Statehood

States cease to exist through merging with another state, being absorbed by a larger state, or being annexed by another state.

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International Organizations

An organization formed by states to cooperate on specific matters. They may have legal personality and enter into treaties. However, they don't have territory or the capacity to make claims to international courts.

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Independence

A state's capacity to exist independently, act on its own behalf, and maintain its own identity.

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Equality of States

The principle that all states, regardless of size or power, are equal members of the international community.

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Peaceful Coexistence

The recognition that states must coexist peacefully. States must resolve conflicts peacefully and without using force.

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Protectorates and Protected States

States that are under the protection of a more powerful state.

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Study Notes

Subjects of International Law

  • Subjects of international law are individuals, bodies, or entities that are recognized or accepted as having rights and duties under international law.

States

  • Terra nullius (no land belonging to any sovereign state) no longer exists.
  • Decolonization led to independence.
  • The breakup of the USSR and Yugoslavia resulted in new states.
  • States are defined according to the Montevideo Convention.

Montevideo Convention

  • Article 1 states that a state must have:
    • A defined territory.
    • A permanent population.
    • A government.
    • Capacity to enter into relations with other states.

Territory

  • A state must have a distinct geographical location (latitude and longitude).
  • Territory does not need to be entirely uncontested.
  • Ways to acquire territory include:
    • Discovery (terra nullius): settlement is needed (physical occupation), occupation and prescription (treaty prohibited!), cession (one state granting land to another), adjudication (ICJ).
  • The Island of Palmas case (1928) established that continuous and peaceful display of territory is equivalent to title.

Population

  • The number of people isn't crucial; permanence is.

Government

  • Any type of government is possible.
  • Responsibilities include taxation, ensuring law and order, and providing central control.
  • Sovereignty and independence are essential to a government entity.
  • A state does not depend on any authority other than itself.

Entering into Relations

  • Colonialism in the 1930s is mentioned in the context of the Montevideo Convention.
  • The ability to interact with other states is essential.
  • Sovereignty and independence are important.

Recognition

  • Recognition is essential for statehood.
  • A state's existence in international law comes from recognition.
  • Recognition is a political act, not legal, and is not obligatory.
  • Entering a treaty with another state does not automatically mean recognition.
  • Diplomatic relations are a form of recognition (exchanging diplomats).
  • Recognition is a one-time occurrence.

Recognition Theories

  • Implicit/Declaratory: Acknowledging the state's legal capacity; if the four requirements are met then the state exists whether or not another state recognizes it.
  • Explicit/Constitutive: Recognition depends on the acceptance of existing members of the international community. Recognition is considered necessary - such as for Biafra in 1967.

Recognition of Governments

  • De facto: Recognition of a government effectively controlling a territory.
  • De jure: Recognition of a government as legitimate, even if it hasn't fully controlled its territory.

Trusteeship Council

  • An inactive UN body; helped states become entities in the 1990s.
  • Aimed at helping new states establish systems for tax collection and service provision.
  • The trusteeship system aimed to promote self-government or independence for the inhabitants of trust territories.

Extinction of Statehood

  • Merger: Two or more states uniting to form a new state.
  • Absorption: One state being absorbed into another state
  • Annexation: Another country acquiring a new territory.
    • For example: Russia annexing Crimea in 2014

Rights of States

  • Independence, equality, peaceful co-existence, protectorates and protected states, federal states

Sui Generis Entities

  • Entities unique in their characteristics.
  • Taiwan: Recognized by some states, China views itself as the mainland, Taiwan views itself as a sovereign state.
  • Holy See/Vatican City: No permanent population, the Pope is not a citizen, diplomatic relations with other countries.

International Organizations

  • Can be subjects of international law.
  • Created by states.
  • Lack territory, but have a function.
  • Can enter into treaties.
  • Cannot make a claim to the International Court of Justice (ICJ).

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Week 4 Lecture 4 Subjects of IL 2024 PDF

Description

Test your knowledge on the subjects of international law, including states, the Montevideo Convention, and the concept of territory. Understand the criteria that define a state's existence and how international law recognizes various entities. This quiz will cover essential principles and historical changes in international law.

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