Fechar
To be subject to interntional law an entity has to posess what?
What is acquired when an entity gains legal personality
What is the first thing needed for a state to obtain legal personality
When looking at the creation of statehood what are the two things needed to be satisfied
How can a new state come into exsistence
Where in IL are the criteria for statehood held
What is the first criteria under the Montevideo convention for acquiring statehood?
What is the second criteria under the Montevideo convention for acquiring statehood?
What is the third criteria under the Montevideo convention for acquiring statehood?
What is the fourth criteria under the Montevideo convention for acquiring statehood?
In what case was the general criteria [of the montevideo convention] described as “State is commonly defined as community which consists of territory and population subject to an organised politicial authoroity...such state is characterised by sovereignty”
What is the minimum criteria for a permenant population to establsh a state?
No defined or settled boarders are relevantto what part of acquiring statehood
What effect do boundary disputes have on legal personality and statehood?
In what case was it said that certainty of a state comes from a stable political organisation strong enough to assert themselves independatly
In what country was there a case where there was no government but statehood was still granted
In Kosovo there was no central government (a criteria for statehood) how were they still granted statehood
What is the effect of a breakdown of government on statehood
Capacity to enter into legal relations (4th criteria for statehood) is tied to what?
What is required to prove in a conclusive legal sense, statehood
In what case was there a need to prove both formal aswell as actual independance of a state?
In the case of South Africa to it Bantustans (tribes?), Transkei what was the reason that the Organisation of African unity chose not to see them as seperate from South Africa>
In what case was it seen that government functions could be run externally but the state would continue to be independant
What is one of the main additional features of proving statehood (mainly thorugh the governnance criteria)
What was the traditional criteria for Self determination
What are the modern additions for Self Determination
What are the four criteria for proving self determination (Through government)
In which state was there a claim of independance after sucession, where two governments sought recognitition& the one that could satisfy the criteria were recognised
Why was Rhodesia not recognised as being an independant state even though they had satisfied the criteria for factual statehood
When claiming independance and recognition what may states need to also prove?
What does proving the right to self-determination prove
What is the act of accepting certain factual situations and giving them legal significence?
Although recognition is not binding legally what can it at least provide?
How does the extinction of statehood come about?
What is an example of one of the cases of extinction of a state by consent
Upon what basis do the fundamental righ exsist?
Where is there a definition for independance as a fundamental right of a state
The fundamental right of independance given as a characteristic of states is what kind of independance
What case was it decided that restrictions o a states liberty did not affect its independance (such as control of tariffs) as long as the state wasnt under the legal authority of another state
What case saw it said that... "estrictions upon the independence of states cannot therefore be presumed"
What are the elements of a states independance key to maintaining?
What are the 2 rights a state gains from independance
What are the 2 duties gained from a states independance
The duty to not intervene in internal affairs of another state is held where?
Equality in of the states, grants them what
Where can you fin the elements of soveien for equality between states
What is the first right that a state may enjoy regarding equality
What is the second right that a state may enjoy regarding equality
What is the third right that a state may enjoy regarding equality
What is the fourth right that a state may enjoy regarding equality
What is the fifth right that a state may enjoy regarding equality
What is the sixth right that a state may enjoy regarding equality
What is the one caveat in the UN to all states being equal
The Sov Union declared what principles as the guiding pronciple for international law
What is the first point of the principle of co-exsistence?
What is the second point of the principle of co-exsistence?
What is the third point of the principle of co-exsistence?
What is the fourth point of the principle of co-exsistence?
What is the fifth point of the principle of co-exsistence?
when an entity enters into agreement with another state to delegate the second state power over the first (itself), they may have separate legal personality but not separate statehood. - what kinds of state is this?
What is the concept of a protectorate state linked to?
What does entering an agreement as a protectorate state give to the original state?
In what case did Morocco give France some powers to exercise sovereign powers on their behalf - Where the ICJ delcared they retain soveign state status
In what case was a federal states charachterised as 'communities that possess a degree of autonomy and exercise of political power in the common institution of the federation. '
What is the first way a federal state can divide powers?
What is the second way a federal state can split their powers?
In a federation where would one find the infomation about the legal personality of the other states?
What state established that the Federal Governments may not make legislative provisions on matters ‘with respect to….forgein affairs.’ unless explicity allowed
What are the Funamental rights of a state under international Law?
What does the act of mandating and trustee states
What case saw the ICJ find there was no obligation of the UN to transfer a ‘mandate territory’ to the ‘trust territory’.
What case saw the ICJ decide SA’s presence in Namibia was illegal because of their failure to keep up to obligations. (approved by UN sec council in 1971)
What is it called where Two or more states exercise equal sovereignty with respect to territory & its inhabitants.
Why in the New Hebrides (Anglo/French rule) couldnt there be unilateral action
