Lesson 13 Flashcards

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1
Q

What is required to become a sovereign state?

A

recognition by other states

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2
Q

What is State recognition?

A

an act by which existing States officially take notice of the existence of a new State and admit it as one of their peers

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3
Q

Circumstances in which the Recognition of States Arises?

A

1) Newly Independent States
2) Merge
3) Dissolution
4) Absorption and Extinction
5) Secession

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4
Q

Examples of Secession

A

Singapore from Malaysia (1965) or Eritrea from Ethiopia (1993)

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5
Q

Is there a duty to recognize a state?

A

no

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6
Q

Is there a right to be recognized as a state?

A

no

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7
Q

Are there cases where recognition is prohibited?

A

yes

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8
Q

What is the limit?

A

limit doctrine of non-recognition in case of violation of jus cogent norms

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9
Q

What are the two competing theories on recognition of states?

A

declaratory doctrine vs constitutive doctrine

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10
Q

What is the declaratory doctrine?

A

Either recognition is no more than a formal acceptance of the existing facts

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11
Q

What is the constitutive doctrine?

A

it is the act of recognition that creates the new state as an international legal person

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12
Q

Different forms of state recognition?

A

individual or collective or tacit or expressive.

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13
Q

How does collective recognition work?

A

Collective: an act of recognition through the international decision. Membership inthe UN is one of the criteria for gaining recognition in a collective form. However,member states are free to use their own will and t
hey are not bound by the decision of UN. They can decide as to whom to give recognition.

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14
Q

What is a state doing when it recognizes a government?

A

When a state recognizes a government, it acknowledges agroup of persons as
competent to act as an organ of the state in question and to
represent it in terms of international law.

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15
Q

What is the precondition for the recognition of government under international law?

A

its effective exercise of sovereign power (control of a substantial part of the territory and of the apparatus of administration).

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16
Q

the de iure government?

A

exiled government

  • entity satisfies the applicable legal criteria
17
Q

the de facto government

A

government which takes control

  • is only of the current poisition of the entity, an is therefore provisional (however, it can last a long time…)
18
Q

Two Criteria for Government Recognition/

A

A) Legality Criteria (Tobar Doctrine)

B) Effectiveness Criteria (Estrada Doctrine)