Module 6 – Personality and Recognition Flashcards
Define ‘equality of States’.
State equality judicially, sovereign rights, duty to respect other States, respect State territory and political independence, develop own political, social, economic and cultural systems, act in good faith and live in peace (1970 Declaration on Principles of International Law).
What is the significance of ‘recognition’?
Recognition is the political discretion of states to acknowledge the existence of other States.
What is “declaratory theory”?
(Declaratory) a State exists as soon as it meets certain criteria, such as those in the Montevideo Convention.
What is the “constitutive theory”?
(Constitutive) a State only exists where it is recognised by other States.
What are the criteria for Statehood?
(a) a permanent population, (b) defined territory, (c) government, and (c) capacity to enter into relations with other States (Montevideo Convention on the Rights and Duties of States (1933), Article 1.
Describe the significance of the Rights of Nationals of the USA in Morocco.
(1962, ICJ) Morocco was a protectorate of France (Treaty of Fez, 1912). Morocco remained a sovereign state, but had a ‘contractual relationship’ granting exercise of its sovereign powers to France.
Describe UNSC resolution 541.
(1983) invalidated the creation of the Turkish Republic of Northern Cyprus, declared by Turkey. States created by illegal use of force not likely to be recognised under International Law.
Describe the principles of ‘self determination’.
Right as part of customary international law; most common with former colonies post-WWII (eg. Congo, Guinea-Bissau, Bosnia-Herzegovina), also countries with national liberation movements (East Timor, Palestine).
Describe Article 27 of the ICCPR.
(Article 27 ICCPR) Protection of ethnic, religious or linguistic communities to meet.
Describe the legal personality of transnational corporations.
Limited international legal personality to resolve commercial disputes against States (Convention on Settlement of Investment Disputes, 1965)
Describe the Danzig Railway case.
(PCIJ 1928) individuals traditionally have no international legal standing (note: exception with human rights cases).
Describe the Lovelace v Canada case.
(1981) Sandra Lovelace was Aboriginal woman, argued Indian Act deprived First Nations women access to reserve lands when married to non-aborigine. Petitioned the UN (Canada subsequently repealed Act).
