Contemporary World Midterm Reviewer PDF
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Uploaded by GainfulHammeredDulcimer
Ramon Magsaysay Memorial Colleges
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This document is a midterm reviewer for a course on contemporary world, covering various concepts of international law including: states, treaties, customary law, various doctrines, rights of states, and other related subjects. It's organized, for easy navigation during review sessions.
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MIDTERM REVIEWER International Law- Laws that regulate relations of states and international persons National law- Laws that regulate individuals among themselves or within the state Treaty- International Agreement conducted between states, in written form and...
MIDTERM REVIEWER International Law- Laws that regulate relations of states and international persons National law- Laws that regulate individuals among themselves or within the state Treaty- International Agreement conducted between states, in written form and governed by international law International Custom- It is also known as Customary Law Pacta Sunt Servanda-.”Agreements must be kept” Pacta tertiis nocent nec prosunt- “A treaty binds the parties and only the parties” Rebuc Sic Stantibus-“Things standing thus” States- Entities that have rights and responsibilities under international law and which have the capacity to maintain their rights by bringing international claims Concordat- It is a treaty or agreement between the Pope and a state or government that deals with religious matters. Refugee- A person who owing to a well- founded fear of being persecuted for reasons of race, religion, nationality, membership of particular social group or political opinion, is outside the country of his/her nationality. Wilson/Tobar Doctrine- This doctrine precludes the recognition of governments established by revolution, civil war, coup d’état or other forms of internal violence until the freely elected representatives of the people have organized a constitutional government Betancourt Doctrine- This doctrine pertains to denial of diplomatic recognitions to any regime, right or left, which came to power by military force Lauterpacht Doctrine- This doctrine precludes the recognition of an entity which is not legally a state as it constitutes an abuse of the power of recognition Stimson Doctrine- This doctrine precludes the recognition of any government established as a result of external aggression Statelessness- It pertains to the status of having no nationality as a consequence of being born without any nationality or as a result of deprivation or loss of nationality Nationality- It It is the state of being part of a nation whether by birth or naturalization or ties to a specific nation. International Convention- It is also known as international treaties Population- It is considered as the most obvious essential for a state Law of the Sea- It is a body of international rules that binds states and other subjects of international law in their maritime affairs Baseline- The line from which the outer limits of marine space under national jurisdiction of the coastal state are measured Archipelagic state- A state constituted wholly by one or more archipelagos and may include other islands International Environmental Law- Branch of public international law which is the primary goal is to protect the environment. Territorial Sea- It comprises the seabed and its subsoil, the adjacent waters, and the airspace Exclusive Economic Zone (EEZ)- Area beyond and adjacent to the territorial sea, not exceeding beyond 200 nautical miles from the baseline of the territorial sea Universal Declaration of Human Rights (UDHR)- Declaration or statement of generally accepted principles of human rights RIGHTS OF STATES 1. The right to independence means freedom from control by other state or group of states. Intervention is an act by which a state interferes with domestic or foreign affairs of another state through the employment of force or threat of force which may be physical, political, or economic (Nachura, 2016). 1. The right to equality is underpinned in the doctrine of equality of states which provides that all states are equal in international law. 1. The right to existence and self-defense provides that a state may take measures including the use of force as may be necessary to counteract any danger to its existence (Article 51, UN Charter). Aggression pertains to the use of armed force by a state against the sovereignty, territorial integrity, or political independence of another state, or in any other manner inconsistent with the Charter of the United Nations (Article 1, UN General Assembly Resolution No. 3314). 1. The right to territorial integrity and jurisdiction encompasses the right of the state to its terrestrial, maritime and fluvial, aerial and space covered by its territory. 1. The right to legation pertains to the right of the state to send and receive diplomatic missions, which enable states to carry on friendly intercourse.