Group 1 Presentation PDF

Group 1 Presentation Members: Ananca, Veronica Podulla Agaled, Kenneth Bamondi, King De Luna Buenavista, Drei Lagrama Castillo, Remvgielyn Dalida, Jennie Garcia, Jayjay Glorioso, Romano Guevarra, Ivan Dave Isabedra...

Group 1 Presentation Members: Ananca, Veronica Podulla Agaled, Kenneth Bamondi, King De Luna Buenavista, Drei Lagrama Castillo, Remvgielyn Dalida, Jennie Garcia, Jayjay Glorioso, Romano Guevarra, Ivan Dave Isabedra, John Carl States States are juridically equal, enjoy the same rights, and have equal capacity in their exercise. The rights of each one do not depend upon the power which it possesses to assure its exercise, but upon the simple fact of its existence as a person under international law. States are created through the following: 1.Discovery and occupation, 2.Prescription, 3.Cession, 4.Accretion,and 5.Conquest. Discovery and occupation occurs when a territory belonging to any state is placed under the sovereignty of the claiming stage. Prescription is when a territory is acquired through continuous and uninterrupted possession over a long period of time. Cession involves the peaceful transfer of territory from one sovereign to another, with the intention that sovereignty should pass. Accretion is the increase in the land area of the state, either through natural means, or artificially through human labor. Conquest, the act of defeating an opponent and occupying all or parts of territory does not of itself constitute a basis of title to the land. It gives the victor certain rights under international law as regards the territory, the rights of belligerent occupation, but the territory remains subject to the legal title of the ousted sovereign. State Recognition State recognition is an act by which a state acknowledges the existence of another state, government, or belligerent community and indicates its willingness to deal with the entity as such under the rules of international law (Nachura, 2016). State Recognition State recognition is a political act and mainly a matter of policy on the part of each state. It is discretionary on the part of the recognizing authority. It is exercised by the political department of the state. The integration of a new state in the international community does not take place automatically, but through co-optation, that is, by individual and collective recognition on the part of already existing states (Sarmiento, 2009). State Recognition The principle of state continuity is being followed wherein once the identity of a state as an international person has been fixed and its position in the international community established, the State continues to be the same corporate person whatever changes may take place in its integral organization and government (Sarmiento, 2009). Landmark Doctrines in state recognition Wilson/Tober Doctrine - This doctrine precludes the recognition of governments established by revolution, civil war, coup d'etat, 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 recognition to any regime, right or left, which came to power of military force. Landmark Doctrines in state recognition 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. It acknowledges a community which is not, in law, independent and which does not therefore fulfill the essential conditions of statehood as an independent state. Stimson Doctrine - This doctrine precludes the recognition of any government established as a result of external aggression. Right of States The rights of states are as follows: Jurisdiction, Equality , Individual or collective self-defense, Independence, and Legation. Right of States The right to independence means freedom from control by other state or group of states and not freedom from the restrictions that are binding on all states forming the family of nations and carries with it by necessary implication the correlative duty of non-intervention. The right to equality is underpinned in the doctrine of equality of states which provides that all states are equal in international law despite of their obvious factual inequalities as to size, population, wealth, strength, and degree of civilization. Right of States 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. The right to territorial integrity and jurisdiction encompasses the right of the state to its terrestrial, maritime and fluvial , aerial and spade covered by its territory. The right to legation pertains to the right of the state to send and receive domatic missions, which enable states to carry on friendly intercourse. Nationality Nationality refers to the legal and social connection between an individual and a specific nation or state. It is a concept that defines a person's membership in a particular country or nation-state. Nationality is typically determined by law and can be acquired in various ways, such as birth, descent, marriage, or adoption. It is different from citizenship, which refers to the legal status of being a member of a particular country or nation-state. Nationality is often associated with right and obligations, such as the right to live in a specific country, work, and access certain government services. It is also a factor in international law, as it can affect an individual's rights and responsibilities in different countries. Statelessness The definition of a stateless person is “a person who is not considered as a national by any State under the operation of its law”. In simple terms, this means that a stateless person does not have the nationality of any country. Some people are born stateless, but others become stateless. Examples: Children that is born in foreign countries Cause: Lack of birth registration and birth certificate Refugees A refugee is a person who, owing to a well- founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country. Refugees The principle of non-refoulement is a principle wherein in addition to not returning the refugee to his/her own state, he/she must not be sent to a third state if his/her life or freedom would there be threatened on account of his/her race, religion, nationality, membership of a particular social group or social opinion. Refugees Salient rights of refugees are as follows: non- discrimination, wage-earning employment, free access to courts, duty of non-refoulement of states, self- employment, housing, freedom of religion, among others.