Week 4

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Questions and Answers

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?

Taiwan Signup and view all the answers

What primary objective does the trusteeship system aim to achieve?

Promoting the development towards self-government Signup and view all the answers

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

Tax-free trade Signup and view all the answers

Which statement correctly describes the role of intergovernmental organizations?

They can enter into treaties. Signup and view all the answers

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

Implicit recognition Signup and view all the answers

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

Sovereignty involves authority over foreign affairs. Signup and view all the answers

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

A government recognized as the legitimate holder of power Signup and view all the answers

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

A democratic form of government Signup and view all the answers

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

A territory that is unclaimed and available for discovery Signup and view all the answers

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

Continuous and peaceful display of territorial governance can establish sovereignty Signup and view all the answers

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

Discovery and establishment of settlement Signup and view all the answers

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

It signifies the need for a stable and enduring population Signup and view all the answers

Which method of acquiring territory is prohibited under international law?

Occupation and prescription Signup and view all the answers

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

Lack of a government Signup and view all the answers

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

Defined borders recognized by neighbors Signup and view all the answers

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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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.