16 Questions
What is a self-executing treaty?
A treaty that contains a provision for applying it in the parties' municipal courts without needing domestic enabling legislation
What is a non-self-executing treaty?
A treaty that has no provision for applying it in the parties' municipal courts without needing domestic enabling legislation
What is the definition of states as international persons?
Political entities with a population and government capable of entering into international relations
What distinguishes independent states from dependent states?
Independent states are free from the political control of other states and free to enter into agreements with other international persons
In the context of treaties, what does 'municipal courts' refer to?
Courts within the parties' own country or state
Which type of treaty applies without needing domestic enabling legislation?
Self-executing treaty
What is the effect of recognition of a state or government in international law?
It implies that the recognized state or government is entitled to the rights and privileges granted by international law.
When does recognition of a government occur under the declaratory doctrine?
When a government is capable of controlling a territory and its people.
What is the Estrada Doctrine mentioned in the text?
A policy of never formally recognizing other governments to avoid any possible connotation that recognition also means approval.
What is territorial sovereignty according to the text?
The right to exercise the functions of a state within a territory, but not an absolute right.
Under what circumstances can territory be acquired according to the text?
By occupying land not claimed by another sovereign or by transferring territory from one sovereign to another.
What is positive servitude in relation to territorial sovereignty?
The exercise of a right-of-way within a territory.
Under which doctrine does a government truly come into existence only when recognized by other states?
Constitutive doctrine
What is constitutive doctrine in relation to government recognition?
A doctrine stating that a government does not truly come into existence until recognized by other states.
What are practical considerations concerning the recognition of governments according to the text?
Avoiding any possible connotation that recognition means approval.
What kind of recognition usually occurs when an identifiable government, people, and territory first come into existence?
Recognition of a state
This quiz covers the nature and scope of international law with a focus on treaties and their classification as self-executing or non-self-executing. It also discusses how treaties apply in municipal courts and their relationship to domestic enabling legislation.
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