International Law
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Transcript International Law
International Law
States and Governments
States and Governments
A State must possess:
A permanent population
A defined territory
A Government
A capacity to enter into relations with other
States
States and Governments
Permanent Population
Some, not all, must be permanent
Size not important
States decide who is a citizen
But must be a true relationship
Jus cogens
States and Governments
Territory
Control
Exclusive legally and factually
Defined [?]
“consistently controls a sufficiently identifiable
core of territory”
States and Governments
States and Governments
Government
Effective Control
Establish and maintain order
De facto vs de jure
War occupation
Civil war
Free from interference [?]
Any type of government is fine
Legality of State not important
States and Governments
A capacity to enter into relations
Not required by all
An indicator of independence from ‘other’
control
States and Governments
Other Requirements???
Self-determination
Really???
Recognition by others
Evidence or proof of requirements??
More important if one or more of first three
elements are weak
States and Governments
Federal States
Individual States rarely have the right to be
involved in international relations
If do, limited [e.g., cultural, economic]
States and Governments
Recognition of a State
Legal requirements: Objective Test
Political considerations
Recognizing State or Government????
State: has all three (four) requirements
Government: Is the third requirement
States and Governments
Recognition: Legal Effects
Constitutive Theory: A State does not exist
until recognized by most other States
Declaratory Theory: A question of fact: are
the requirements met?
Recognition is just an acknowledgement that
the facts are met.
OAS: Political existence of a State is
independent of recognition by other States
States and Governments
Recognition: Other Effects
Trade, Aid, Recognition of rights and
responsibilities
Evidence that requirements are met
May bring other treaties/rules into effect
Establishing diplomatic relations still a
matter left to individual States
Recognition of legal matters from State
States and Governments
Recognition of Governments
Often a sign of approval
Evidence that in control (Elements 3/4)
Not required when new government
‘arrives’ by lawful means
Very political when new government
‘arrives by force/war/coup
States and Governments
Recognition of Governments (Cont)
Move to implied rather than expressed
recognition
De facto vs de jure recognition of
governments
EU’s attempt to revitalize the idea of
recognition