Questions and Answers
What is the first claim presented in the case concerning the Holy City of Ebraston?
Abathis claims that Riden violated international law by relocating its Lothiakian Embassy to Ebraston. True or False?
False
What is the second claim presented in the case concerning the Holy City of Ebraston?
Riden violated international law by relocating its Lothiakian Embassy to Ebraston and granting diplomatic asylum to General Mirror.
According to international law, a state does not lose its status just because its government is ineffective. True or False?
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What is one example of a state that is recognized as a state despite the absence of an effective government since 1991?
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An exception to the element of effective government is the exercise of the right to self-determination as illustrated in the Aaland Islands case (1920). The International Committee of Jurists stated that identifying the precise date when Finland became a sovereign state was extremely __________.
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Match the following theories of statehood recognition with their descriptions:
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What was the reason for the halting of funds to the UNRAA according to the content?
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What was the capacity to influence used for, as mentioned in the content?
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The UNRAA was established to provide humanitarian aid towards the Abathis region.
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Complicity in genocide concerns the link between _________ and the motives of an accomplice.
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Where are most diplomatic missions located in Israel?
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According to international law, which factor determines the binding nature of a UN Resolution?
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UNSC Resolution 10K is binding on states regardless of the chapter of origin.
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Article 25 of the UN Charter mandates that members agree to accept and carry out the decisions of the Security Council in accordance with the present ________.
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What is the abbreviation for the International Court of Justice?
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What does UNGA stand for?
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Which organization provided humanitarian relief in Abathis including food, water, and medical supplies?
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Abathis Liberation Organization later became known as 'Abathis'.
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The state of Abathis asserted control over the southern parts of the region, including the Holy City of __________ at its core.
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According to the 2004 Wall Advisory Opinion, what warning did the Court give regarding Israel's actions?
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According to the constitutive theory of state recognition, what is considered a necessary precondition for the existence of statehood capacities?
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What obligation did the Court believe all states had regarding the illegal situation resulting from the construction of the wall in the Occupied Palestinian Territory?
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Under the Montevideo Convention, what elements must be satisfied for a state to be considered a state?
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In the context of the ICJ Statute, who can be parties in cases before the International Court of Justice?
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According to the applicant, the legal status of an entity as a 'State' is implicitly determined by the ICJ's procedural rules.
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The obligation to prevent genocide is enshrined within the Convention on the Prevention and Punishment of the Crime of Genocide, also known as the __________ Convention.
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What was the reason cited by Riden for relocating its embassy from Zugril to central Ebraston?
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Which resolution did Abathis argue was violated by Riden due to the embassy relocation?
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Abathis viewed Riden's actions as violations of its sovereignty and UNSC resolutions.
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Riden granted diplomatic asylum to General Mirror within the relocated ____.
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What did the Respondents argue regarding the relocation of the embassy to Ebraston?
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Which UNSC Resolution explicitly states and demands that all states refrain from recognizing Lothiak’s unilateral claim over the Holy City of Ebraston?
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The wording of 'calls upon' in paragraph 5 of UNSC Resolution 10K indicates a legally binding decision according to the Namibia Advisory Opinion.
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In which paragraph of UNSC Resolution 10K are all measures by States altering the character and status of the Holy City of Ebraston deemed a violation?
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According to the Namibia Advisory Opinion, paragraph 5 of resolution 276 (1970) imposes upon member States the obligation to abstain from entering into _ and other forms of relationship or dealings with South Africa concerning Namibia which may entrench its authority over the Territory.
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Study Notes
The Case Concerning the Holy City of Ebraston
- The case involves the State of Abathis (Applicant) versus the Riden Federation (Respondent) in 2024.
Preliminary Notes
- The case consists of two claims:
- Claim 1: Whether Abathis, as a state, is able to institute proceedings before the Court, and whether Riden violated international law by halting funding to the UNRAA (United Nations Relief Agency for Abathis).
- Claim 2: Whether the relocation of Riden's Lothiakian Embassy to Ebraston and the granting of diplomatic asylum to General Mirror constitute violations of international law.
Claim 1: Abathis's Statehood and Halting of Funding to UNRAA
- Abathis argues that it is a state and can institute proceedings before the Court, while Riden argues that Abathis is not a state.
- The case involves the elements of statehood, including:
- Defined territory: Abathis has a defined territory, including the capital city of Ebraston.
- Government: Abathis has a government, which is contested by Riden.
- Permanent population: Abathis has a permanent population, including the Abathis ethnic group.
- Capacity to enter relations with other states: Abathis has the capacity to enter relations with other states.
- Theories of statehood recognition:
- Constitutive theory: Abathis argues that it is a state because it has been recognized by other states.
- Declarative theory: Riden argues that Abathis is not a state because it does not meet the traditional criteria of statehood.
- The case also involves the obligation to prevent genocide, which is related to the halting of funding to the UNRAA.
Claim 2: Relocation of Riden's Lothiakian Embassy and Granting of Diplomatic Asylum
- Riden's relocation of its Lothiakian Embassy to Ebraston and granting of diplomatic asylum to General Mirror are contested by Abathis.
- The case involves the Vienna Convention on Diplomatic Relations (VCDR) and the Caracas Convention.
- The case also involves the concept of non-recognition, which is related to the relocation of the embassy and the granting of diplomatic asylum.
Background
- The case involves the historical background of the Abathis region, which was colonized by Riden and later declared independence.
- The Abathis Liberation Organization (ALO) was established to represent the Abathis people.
- The UNRAA was established to provide humanitarian relief to the Abathis people.
Key Concepts
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Statehood: The criteria for statehood, including defined territory, government, permanent population, and capacity to enter relations with other states.
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Theories of statehood recognition: The constitutive and declarative theories of statehood recognition.
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Obligation to prevent genocide: The obligation to prevent genocide, which is related to the halting of funding to the UNRAA.
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Diplomatic relations: The concept of diplomatic relations, including the relocation of embassies and the granting of diplomatic asylum.
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Non-recognition: The concept of non-recognition, which is related to the relocation of the embassy and the granting of diplomatic asylum.### Criteria for Statehood
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The Montevideo Convention sets out four criteria for statehood:
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Defined territory
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Permanent population
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Government
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Capacity to enter into relations with other states
Defined Territory
- No minimum size requirement for territory
- Weakly defined borders or limited authority over them do not exclude statehood
- Examples of states with ill-defined borders: Rwanda, Israel
- Loss of territory does not affect a state's legal standing
- Sovereignty over territory is not always dependent on strict territorial delineation
Government
- Effective government is not required for statehood
- International law presumes that states exist even when there is no effective governance
- Examples of states with ineffective governments: Burundi, Rwanda, Somalia
- Exercise of the right to self-determination is an exception to the element of effective government
Permanent Population
- Stable community is required for statehood
- Permanent population is not necessarily a requirement for statehood
- Examples of states with small populations: Nauru
Capacity to Enter into Relations with Other States
- Ability to engage in diplomatic relations and international agreements is required
- Recognition by other states is not necessarily a requirement for statehood
- Participation in international forums and treaties can demonstrate capacity for relations
Theories of Statehood Recognition
- Two major theories:
- Constitutive theory: statehood is dependent on recognition by other states
- Declarative theory: statehood exists independently of recognition
- The Montevideo Convention represents a declarative approach
- State practice often lies between the two approaches
Statehood and the International Court of Justice
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Only states can be parties in cases before the ICJ
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The ICJ's procedural rules do not determine the legal status of an entity as a state
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The use of the term 'State' in international treaties and procedural rules is for practical purposes, not to regulate legal status.### ICJ Jurisdiction
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ICJ can only hear cases between States
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If ICJ exercises jurisdiction, it implies that the entities involved must be states
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The ICJ can clarify the legal status of a state by declaring a case inadmissible under the Monetary Gold principle
Institution of Proceedings against the United States
- Palestine institution proceedings against the US before the ICJ in 2018
- Becoming a party to procedural mechanisms in international law does not affect the substantive legal status of an entity
- The UN has had non-state members like Belarus and Ukraine while they were still Soviet republics
Committee on the Rights of Persons with Disabilities
- Finding of Mangisto and al-Sayed v the State of Palestine (2023)
- Palestine was found responsible for multiple violations of the Convention on the Rights of Persons with Disabilities (CRPD)
- Despite lacking effective control over the territory where the violations occurred
Halting Funding to the UNRAA
- The UNRAA is a relief agency established by the UNGA to provide aid to the Abathis people
- The reliefs are made through voluntary contributions by UN members and non-members
- The UNRAA provides basic necessities including food, water, and medicines
Obligation to Prevent Genocide
- Recognized under international law as enshrined in the Genocide Convention
- Encompasses any actions to prevent or lessen current or future genocide
- States must employ all means reasonably available to prevent genocide (Bosnian Genocide Case, ¶430)
Capacity to Influence
- A means to determine the extent a state may act to prevent genocide
- The obligation to prevent genocide is an obligation of conduct, not result
- Capacity to influence depends on geographical distance, political links, and other factors (Bosnian Genocide Case, ¶430)
Complicity in Genocide
- Prohibited under Article III(e) of the Genocide Convention
- Defined as furnishing "aid or assistance" in the commission of genocide (Bosnian Genocide Case, ¶420)
- Complicity presupposes that the accomplice shares the specific intent of the principal perpetrator (Bosnian Genocide Case, ¶421)
Additional Arguments
- Adverse violations of Human Rights, including the Right to an Adequate Standard of Living and the Right to Health
- Voluntarily assumed the responsibility for the care of the Abathis people
- The voluntary nature of the funds and the halting of funds due to misappropriations of UNRAA funds
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Description
A case study of international law involving the State of Abathis and the Riden Federation, covering claims of UNRAA funding and embassy relocation. Learn about the key points and arguments in this 2024 case.
