IL - 3 - States Flashcards
what is a treaty that has not been ratified called?
a memorendum
it only has initials and not names
what are the 2 less important sources of IL?
what are they?
unilateral undertaking - FR did nuklear testing off new zeland, went to court FR promised NZ insisted on a treaty
General Principles of law - relations between international law and state law ie if usa dont give taliban POW. sstates bound by hard IL law, ie cant pass bill to not pay int. debt.
in many cases internal wal is rule.
what was Montevedeo?
The Convention codified the declarative theory of statehood as accepted as part of customary international law.
what are the 5 things a state needs?
1 PERMANENT POPULATION- can be small
2 EFFECTIVE GOVERNEMENT- can be evil dictatorship
3 DEFINED TERRITORY - border disptes dont affect, it can also be under occupation
4 ABILITY TO DO FOREIGN RELATIONS - treaties and ambassadors - ie monaco cant
5 - RECOGNITION - implicit and explicit, must be several states that recognise you.
is palestine a state
govenment? - several
population? - parts of west bank
no discused territory
what happened if there is a dispute to the land?
6 things
- Prescription - always belong
- Cession. - agreed to hand it over
- Res nullius. - doesn’t belong to anyone
- Accretion. - geography expanding
- Occupation does not grant sovereignty
- Temporal law
what does state have Jurisdiction over?
60 miles under atmosphere and 12 miles of sea
moon is not american because of flag
what is prescription?
eg:
if area has always belonged to a country then it rules, this is done for stability.how long was it land that was not disputed over.
arabs scares of this, so syria askes UN for Golan heights every year.
what is Cession
A state may acquire sovereignty over territory if that sovereignty is ceded (transferred) to it by another state. Cession is typically effected by treaty. Examples of cession include the cession of Hong Kong Island and Kowloon, purchases such as the Louisiana Purchase and the Alaska Purchase, and cessions involving multiple parties such as the Treaty on the Final Settlement with Respect to Germany.
what is Res nullius
if no one is on land then can claim it. ie USA and antartica. volcanoes
what is Accretion
Accretion refers to the physical expansion of an existing territory through geographical processes, such as alluvion (the deposit of sediment) or vulcanism
What is Temporal law
borders are not changed by war if you occupy something, then it doesnt make it yours.
does IL recognise military force?
yes - for stablity
unless it is agression where Security C. deem it illegal. ie Kuweit.
what is a people? since when? who does this affect?
SELF DETERMINATION
- A rule of law since 1945 provided it does not affect territorial integrity of existing states
how does war afect property?
UTI POSSIDETIS
that territory and other property remains with its possessor at the end of a conflict, unless otherwise provided for by treaty; if such a treaty does not include conditions regarding the possession of property and territory taken during the war, then the principle of uti possidetis will prevail
