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Law - 05 The State - MCQs

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Questions and Answers

What is the main difference between the declaratory view and the constitutive view regarding the creation of states?

Declaratory view considers states to exist as soon as legal criteria are met, while constitutive view requires gradual recognition. (correct)

Declaratory view emphasizes the importance of sovereignty, while constitutive view emphasizes territorial borders.

Declaratory view relies on recognition by other states, while constitutive view relies on self-declaration.

Declaratory view focuses on legal criteria, while constitutive view focuses on political factors.

What does Article 3 of the 1933 Montevideo Convention state about the political existence of a state?

Political recognition is more important than legal criteria.

The state must have a permanent population to exist politically.

Political existence is dependent on fulfilling legal criteria. (correct)

Recognition by other states is essential for political existence.

What requirement must a 'state' fulfill according to Article 1 of the Montevideo Convention?

Be recognized by all major world powers

Have a democratic government

Possess a permanent population (correct)

Maintain a stable economy

How did the International Community of Jurists in 1920 determine the sovereignty of Finland?

By evaluating the conditions required for forming a sovereign state Signup and view all the answers

Why is it unclear if a population solely composed of nomadic tribes qualifies as meeting the 'permanent population' requirement for statehood?

The concept of 'permanent population' is ambiguous Signup and view all the answers

Which view on state creation does contemporary international law predominantly align with?

Declaratory view Signup and view all the answers

What condition must be met for a territorial entity with a population to be considered a state?

Effective government Signup and view all the answers

Which method of acquiring new territory involves purchasing it from another state?

Cession Signup and view all the answers

What type of state lacks the capacity to enter into relations with other states according to the text?

Scotland Signup and view all the answers

Under what principle can a state acquire title to territory that has never been under any state's control?

Occupation Signup and view all the answers

What is the concept that 'conquest' of territory through force is no longer a recognized means of acquiring title a reflection of?

Customary law changes Signup and view all the answers

Which 1978 convention deals with the succession of states in respect of treaties?

1978 Vienna Convention on Succession of States In Respect of Treaties Signup and view all the answers

'State succession' under international law concerns the replacement of one state by another in responsibility for what?

International relations Signup and view all the answers

'Continuator state' arises when one successor state wishes to take on what aspects of the fragmented entity?

Treaty rights and obligations Signup and view all the answers