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Questions and Answers
A self-executing treaty contains a provision that says the treaty will apply in the parties’ municipal courts without their having to adopt any domestic enabling legislation. (True/False)
True
A non-self-executing treaty has no provision for it to apply in the parties’ municipal courts without the need for domestic enabling legislation. (True/False)
True
Constitutions may assign to one or more state organs the responsibility for entering into treaties. (True/False)
True
States are free from the political control of other states, and free to enter into agreements with other international persons. (True/False)
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Dependent states have formally surrendered all aspects of their political and governmental functions to another state. (True/False)
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International persons are defined as political entities with a territory, a population, and a government capable of entering into international relations. (True/False)
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Incomplete or semi-states most commonly lack territory or population.
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Recognition of a state is usually granted when an identifiable government, people, and territory first come into existence.
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Recognition of a government may be denied even if recognition of the state continues.
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According to the Declaratory doctrine, the legal existence of a government happens automatically by operation of law whenever a government is capable of controlling a territory and its people.
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The Estrada Doctrine aims to avoid any possible connotation that recognition also means approval.
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Territorial sovereignty is the right to exercise the functions of a state within a territory.
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Other states may obtain positive servitudes, which involve the exercise of a right-of-way within a specific territory.
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The acquisition of territory can be done either by occupying land not claimed by another sovereign or by the transfer of territory from one sovereign to another.
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According to the Constitutive doctrine, a government does not truly come into existence until it is recognized by other states and participates in the international arena.
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The effect of recognition of a state or government is that the recognized entity is entitled to the rights and privileges granted by international law.
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