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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)
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)
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)
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)
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)
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)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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