International Law

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Transcript International Law

International Law
States and Governments
States and Governments
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A State must possess:
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A permanent population
A defined territory
A Government
A capacity to enter into relations with other
States
States and Governments
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Permanent Population
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Some, not all, must be permanent
Size not important
States decide who is a citizen
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But must be a true relationship
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Jus cogens
States and Governments
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Territory
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Control
Exclusive legally and factually
Defined [?]
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“consistently controls a sufficiently identifiable
core of territory”
States and Governments
States and Governments
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Government
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Effective Control
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Establish and maintain order
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De facto vs de jure
War occupation
Civil war
Free from interference [?]
Any type of government is fine
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Legality of State not important
States and Governments
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A capacity to enter into relations
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Not required by all
An indicator of independence from ‘other’
control
States and Governments
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Other Requirements???
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Self-determination
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Really???
Recognition by others
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Evidence or proof of requirements??
More important if one or more of first three
elements are weak
States and Governments
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Federal States
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Individual States rarely have the right to be
involved in international relations
If do, limited [e.g., cultural, economic]
States and Governments
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Recognition of a State
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Legal requirements: Objective Test
Political considerations
Recognizing State or Government????
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State: has all three (four) requirements
Government: Is the third requirement
States and Governments
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Recognition: Legal Effects
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Constitutive Theory: A State does not exist
until recognized by most other States
Declaratory Theory: A question of fact: are
the requirements met?
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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
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Recognition: Other Effects
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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
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Recognition of Governments
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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
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Recognition of Governments (Cont)
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Move to implied rather than expressed
recognition
De facto vs de jure recognition of
governments
EU’s attempt to revitalize the idea of
recognition