CONTINUATION OF SU 3.1

Question 1

TERRITORIAL INTEGRITY:

Answer 1

ATRICLE 2(4) of the UN Charter obliges all member states to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state.

Question 2

FAILED STATES:

Answer 2

-failed states exist in theory.
a state is a failed state if it is in anarchy and lawless to such an extent that it ceases to meet the requirements of statehoods.

Question 3

RECONITION OF GOVERNMENTS:

Answer 3

-governments change from time to time.
they may be recognized either de jure or de facto.

Question 4

DE JURE GOVERNMENT:

Answer 4

when a new government assumes effective control of a territory with the likely prospect of permanency.

Question 5

DE FACTO GOVERNMENT:

Answer 5

where there may be circumstances that warrant some lesser form of recognition.

Question 6

RECOGNITION IN MUNICIPAL COURTS:

Answer 6

only a recognized state or government enjoys locus standi in South African courts and may plead immunity in the jurisdiction of South African courts.

Question 7

FACTORS:

Answer 7

1. is it a constitutional government?
2. the degree, nature and stability of the control exercised.
3. whether the government has any dealing with it, and if so, what is the nature of those dealings?
4. the extent of international recognition of the government.