introduction Flashcards
what is international law?
International law is the system of rules, agreements, and customs that govern relations between nations and other international actors.
what does Public international law deals with?
Public international law deals with relationships between states and international organizations.
what does Private international law deals with?
Private international law handles cases between private parties (individuals or
companies) from different countries, like international business contracts or cross-border disputes.
What factors influence the effectiveness of international law?
International law relies heavily on countries’ voluntary compliance and willingness to
follow established norms.
The effectiveness often depends on diplomatic relationships, economic
interdependence, and the international community’s collective will to uphold these rules.
Why was there a push for stronger international law after World War II?
Countries have made agreements with each other for a long time. After World War II, people wanted to prevent future wars and protect civilians. This led to the creation of the United Nations, replacing the weaker League of Nations. Since then, international law has worked well, and countries now cooperate more, though not always. Today, almost 200 countries are part of the UN and have agreed to follow its rules.
what is a State?
A State is defined under Article 1 of the Montevideo Convention on the Rights and Duties of States as a legal person with:
- a permanent population
- a defined territory
- government
- capacity to enter
relations with other states
Under the principle of par in parem non habet imperium, all states are independent and equal, but being recognized by other countries can affect their political status.
What doest Statehood mean?
Statehood refers to the status of being a recognized independent country.
What are the criteria for statehood according to the Montevideo Convention?
Statehood is defined by the Montevideo Convention (1933), which sets four main criteria: a permanent population, a defined territory, a government, and the ability to conduct international relations. However, these criteria are applied flexibly in practice. For example, boundary disputes, civil wars, and incomplete territorial control have not prevented some countries, like Israel, Congo, Angola, Croatia, and Bosnia and Herzegovina, from being recognized as states.
How can a state become extinct?
State extinction can happen in different ways:
- Merger: two states join to form one (North and South Yemen in 1990)
- Absorption: one state is incorporated into another (East Germany joining West Germany in 1990)
- Dissolution and reestablishment: a state splits into new, separate countries (Czechoslovakia becoming the Czech Republic and Slovakia in 1993)
What are the two main theories of state recognition in international law?
there are two different ideas about how a state is legally recognized in international law:
1. Declaratory Theory
2. Constitutive Theory
Declaratory Theory
When there is conformity with the criteria of statehood.
Acceptance of an already-existing
factual situation.
Constitutive Theory
The Constitutive Theory says that a state only becomes legally recognized and gains international status when other countries recognize it. This theory is the more commonly accepted view in modern international law.
Is state recognition mandatory in international law?
Recognition is not mandatory – Countries are not required to recognize a state, even if it meets the criteria for statehood. In the 1930s, U.S. Secretary of State Henry Stimson introduced the doctrine of non-recognition, which stated that countries should not recognize states or governments that were created through aggression or force. This principle was meant to discourage territorial expansion by military means.
What does a state’s territory include?
A territory is a piece of land under a state’s exclusive control.
- According to the UN Charter, a country cannot take land by force.
- When a country breaks apart, the new states usually keep the same internal borders as before.
- A state’s territory includes its land, airspace, and outer space above it.
- Countries with coastlines also have rights over certain areas of the sea.
What is jurisdiction, and how is it exercised by a state?
Jurisdiction refers to the power of a state to affect
persons, property, and circumstances within its
territory.
It may be exercised through legislative, executive, or
judicial actions.
