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?

<p>By evaluating the conditions required for forming a sovereign state (C)</p> 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?

<p>The concept of 'permanent population' is ambiguous (A)</p> Signup and view all the answers

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

<p>Declaratory view (A)</p> Signup and view all the answers

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

<p>Effective government (B)</p> Signup and view all the answers

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

<p>Cession (B)</p> Signup and view all the answers

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

<p>Scotland (C)</p> 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?

<p>Occupation (D)</p> 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?

<p>Customary law changes (B)</p> Signup and view all the answers

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

<p>1978 Vienna Convention on Succession of States In Respect of Treaties (D)</p> Signup and view all the answers

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

<p><em>International relations</em> (A)</p> Signup and view all the answers

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

<p><em>Treaty rights and obligations</em> (B)</p> Signup and view all the answers

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