International Law: Treaties and Scope - Lecture 4
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Questions and Answers

What is a self-executing treaty?

  • A treaty related to enrolling laws in a city
  • A requirement in a legal document
  • A process of governing body of a city
  • A treaty that contains a provision for applying it in the parties' municipal courts without needing domestic enabling legislation (correct)

    • What is a non-self-executing treaty?

  • A requirement in a legal document
  • A process of governing body of a city
  • A treaty that has no provision for applying it in the parties' municipal courts without needing domestic enabling legislation (correct)
  • A treaty related to enrolling laws in a city

    • What is the definition of states as international persons?

  • Territories with a government
  • Political entities with a population and government capable of entering into international relations (correct)
  • Territories with political control
  • Political entities with a territory and population

    • What distinguishes independent states from dependent states?

    <p>Independent states are free from the political control of other states and free to enter into agreements with other international persons</p> Signup and view all the answers

    In the context of treaties, what does 'municipal courts' refer to?

    <p>Courts within the parties' own country or state</p> Signup and view all the answers

    Which type of treaty applies without needing domestic enabling legislation?

    <p>Self-executing treaty</p> Signup and view all the answers

    What is the effect of recognition of a state or government in international law?

    <p>It implies that the recognized state or government is entitled to the rights and privileges granted by international law.</p> Signup and view all the answers

    When does recognition of a government occur under the declaratory doctrine?

    <p>When a government is capable of controlling a territory and its people.</p> Signup and view all the answers

    What is the Estrada Doctrine mentioned in the text?

    <p>A policy of never formally recognizing other governments to avoid any possible connotation that recognition also means approval.</p> Signup and view all the answers

    What is territorial sovereignty according to the text?

    <p>The right to exercise the functions of a state within a territory, but not an absolute right.</p> Signup and view all the answers

    Under what circumstances can territory be acquired according to the text?

    <p>By occupying land not claimed by another sovereign or by transferring territory from one sovereign to another.</p> Signup and view all the answers

    What is positive servitude in relation to territorial sovereignty?

    <p>The exercise of a right-of-way within a territory.</p> Signup and view all the answers

    Under which doctrine does a government truly come into existence only when recognized by other states?

    <p>Constitutive doctrine</p> Signup and view all the answers

    What is constitutive doctrine in relation to government recognition?

    <p>A doctrine stating that a government does not truly come into existence until recognized by other states.</p> Signup and view all the answers

    What are practical considerations concerning the recognition of governments according to the text?

    <p>Avoiding any possible connotation that recognition means approval.</p> Signup and view all the answers

    What kind of recognition usually occurs when an identifiable government, people, and territory first come into existence?

    <p>Recognition of a state</p> Signup and view all the answers

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