PS 388 Exam 3 PRACTICE Flashcards
What is a unilateral act?
Whereby one or more states admit expressly or tacitly that they regard another political entity as a state. Admit that the entity is an international legal personality.
What are the 3 functions that a recognition of a State serves?
- ) at international level acknowledging the statehood of entity. It accepts the entity’s claim to the legal status of being a sovereign and independent State.
- ) indicates willing to enter into official but not necessarily diplomatic or cordial relations
- ) domestic level informs the courts. Government agencies and nationals of recognizing state that the new entity is treated by executive as new state.
What is difference between recognition of a state vs recognition of governments?
Recognition. If a state only becomes an issue with the appearance of a new state.
Do multilateral treaties survive succession?
Yes they do.
What is pass down to the surviving state?
The property and debt of the state normally become that to the successor state.
What are the five principles of jurisdiction?
- ) territorial, authority is derived from location
- ) nationality principle of jurisdiction authority is derived from the citizenship, nationality of defendant
- ) passive personality, authority is derived from the citizenship/nationality of victim. victim is a citizen of national X, conduct may start at end anywhere least used.
- ) protective derived from acts that threaten the security and territorial integrity, or political independence of state
- ) universality, principle of jurisdiction is derived from nature of crime. Crimes are heinous in all states. Entire community of nations against.
What is a sovereign territory?
Territory owned by a sovereign state.
What is a territorial dispute?
When 2 or more stages claimed ownership over a particular portion of the Earths surface.
What is Terra Nullius?
A territory that belongs to no one. Open to acquisition through the legal process of occupation.
What is the opinion of the court re conference of Berlin read Solananson page 287
What is Res communis?
Territory that is incapable of ever being legally owned. Or controlled by a state or a constellation of states.
States may acquired collorobale title over Res Communis? True or false
False. Territory state could never acquired legally.
What are examples of Res Communis?
High seas, Antarctica, Space.
What is dominion over land? What must a state do to acquire a legal title? Traditionally
- ) Occupation
- ) Conquest ( not a valid) was in the past. As international law.
- ) Cession
- ) Prescription
- ) accretion
What is occupation?
Extended period of time. Exclusive presence.
What constitutes occupation?
Medieval perspective = discover + terra Mullins. That’s enough. Later
- ) the intention of will to act as a sovereign
- ) some actual exercises or display of such authority.
What is a Belligerent occupation?
When US invaded Iraq. Temporary it aggressive. Doesn’t have a legislative authority.
What is Bruges Declaration on the Contemporary International Law on the Use of Force?
The Bruges Declaration of 2003 contains a contemporary restatement of the law of belligerent occupation. Rearticualtion of the law in Genova.
What is Belligerent Occupation?
- ) Belligerent occupation does not transfer sovereignty over territory to the occupying force.
- ) the occupying force can dispose of the resources of the occupied territory. Can sale oils. But meet essential needs of population
- ) occupying power has obligation to meet the basic needs of the population
- ) maintain order security
- ) obligation to respect rights of inhabitants under humanitarian law.
What is Humanitarian Occupation?
International Organization to govern a particular territory. Such as the United Nations.
Is Conquest the forceful and permanent takeover of territory is valid or collorable?
No. Russia Kuro islands.
What is Cession?
An international agreement in which one state gives a portion of their territory to the other state.
What is the 4th method to acquire a territory?
Prescription. Eastern Ukraine. State occupies some territory without objection for an extended period of time.
What is the 5th method accretion?
Formulation of land forming through water. States may buy accretion over that land. River dries up. Mexico and U.S.
What are the sea zones?
Land>Sea>Territorial>Continuous Zone>Exclusive Economic Zone> National Airspace>High Seas> International Airspace.
Down costal baseline. Continental Shelf. Deep Seabed.
What is the starting point?
The costal baseline.
What is the court re Conference of Berlin opinion on the Monstrous Blunder?
Africa was not terra Nllius because other people were there. Meaning it was already a state. Court had declare the opposite
What is the coastal baseline?
The point where the sea intersects with the edge of the land at the sea coast.
What is a port? And how far does it extend?
A port extends to the outermost permanent harbor facility, forming an integral part of the harbors’ system.
What is a bay?
A well-marked indentation whose penetration constitutes more than a mere curvature of the coast.
An indentation that of a semicircle whose diameter is a line drawn across the mouth of that indentation.
What happens if d is less than 24 miles?
Solely internal waters. And not international waters.
How long is the territorial sea?
Twelve nautical miles from the coastline.
What does international law imposes upon a martitime of a state?
Certain rights arising out of sovereignty. Possession of this territory is not optimal. Minimum chart their territorial waters.
What is an innocent passage?
Navigation though territorial sea for purpose of trans versing that sea. Or proceeding to internal waters. Innocent passage means not prejudicial. Aka. Not threaten security of state.
What are straits?
Natural sea passages connecting two large maritime areas.
How long is the contiguous zone?
12 nortical miles.
What kind of treaty is UNCLOS?
Lawmaking treaty.???
What is a transit passage?
May pass through straits containing territorial waters. Solely for the purpose of continuous and expeditious transit of the strait.
What is the Exclusive Economic Zone?
For the purpose of exploring, and exploiting conserving and managing the natural resources.
PROTECT.
What are bays?
Internal waters.
What happens if someone kills a person in a ship that is from another country?
Home country may take the case or leave them. And until reach their own country. Can leave any action that does not perturb the tranquility of the port.
Hypothetical, two friends one Turkish and one Bonsnian. Location Italy. Blind ally Macedonian citizens attacked?
Italy jurisdiction based on territorial principle. Macedonia on the basis on the nationality principle. Turkey/ on the basis of the passive personality principle.
What is territorial principle? What is nationality? What is passive personality?
- ) Jurisdiction is authority derived from the location of the act
- ) authority is derived from the citizenship/nationality of defendant
- ) citizenship/nationality of the victim
- ) protective principle authority derived acts threaten security, territorial or political independence
- ) universality: principle of jurisdiction and authority is derived from the nature of the crime.
What is the partition Africa monstrous Blunder?
There was the case in which Africa was not considered sovereignty and basically Europe took over.
What is a sovereign territory?
Territory owned by a sovereign state.
What is Terra Nullius?
A territory belonging to no-one.
What is Res communis?
A territory that is incapable of ever being legally owned or controlled by a state or constellation of states. For example Antarctica
What are the 5 methods of occupation?
- ) occupation: medieval perspective= discovery + terra Nullius constitutes occupation
- ) conquest: Russia took Japan kuro islands from Japan
- ) cession: An international agreement that feeds territory from one State to another
- ) prescription: State A may derive title territory within State B
- ) accretion: A state’s territory may be augmented by new formations of land gradually deposited from bodies of water
What is Belligerent occupation?
- ) hostile takeover of territory
- ) temporary in nature
- ) occupier enjoys no general legislative authority to make permanent legal and political structures in the territory.
What is Humanitarian occupation?
1.) An international organization may assume the powers of a national government over territory.
How to recognize states?
A unilateral act, admit whether, expressway or tacitly that they regard political entity as a state. International legal personality.
What is the Tovar doctrine?
A number of Latin American states entered into treaties providing de-recognition of states when there was an interruption of the constitutional order.
Does the successor state take over the treaty obligations of the succeeded state?
They survive succession when they contain Norma that have many adopted by many states. The successor state cannot claim a clean slate.
Field of state responsibility?
Concerned with rudimentary rules about when a state is responsible for a breach of international law. And the consequences that flow from a breach.
What is the international wrongful act?
A non-conformity of a state’s actual conduct with conduct it was supposed to adopt. In order to comply with particular obligations.
When can particular conduct may be attributed to a state? Hint 6
- ) conduct by the organs of a state=all branches=all levels
- ) conduct by persons who are not an organ of a state, but who are empowered by the state to exercise governmental authority(Wagner group)
- ) conduct by the organs of a state placed at the disposal of another state
4,) conduct carried out by persons exercising elements of governmental authority in the absence of official authority.
- ) conduct of an insurrection that later becomes the new government
- ) conduct acknowledge and adopted by a state as well it’s own.
A breach arises by way of? Hint 3
- ) affirmative action or omission
- ) a single act or series of acts in the aggregate are wrongful
- ) aiding or assisting another state:
Circumstances that preclude wrongfulness? Hint 5
- ) consent
- ) lawful self-defense
- ) force Majeure
- ) actions taken in distress for the purpose of saving lives
- ) necessary to safeguard an essential interest against grave and imminent peril.
What obligations does the breaching state have?
- ) state remains bound to the underlying international obligation
- ) cessation to stop immediately.
- ) make reparations: resintitution/build, monetary payment/compensation, satisfaction=public acknowledgment or statement of regret.
What is a Espousal claim?
Injury to the state may not be direct, but instead the consequence of an injury to one of its nationals.
What are countermeasures?
Non-forcible act that would normally be contrary to the international obligation of a state. When taken in response to the wrongful act of another state. In order to induce cessation of, and reperation for that, act
What are the countermeasures steps? Hint 7
- ) notification of intent for countermeasures offer to negotiate
- ) no countermeasures if breaching state ceases
- ) countermeasures only against breaching state.
- ) countermeasures are to be initially limited to the “non-performance of the injured state
- ) limit countermeasures so as to make likely the resumption, by the breaching state
- ) the injured state must adhere to dispute settlement mechanisms stipulated in a com-promissory clause
- ) the countermeasures must be proportionate to the injuries suffered.
What is consultation?
Where a state intends to pursue a course of action and so notifies others
Mediation, conciliation, arbitration, judicial settlement.
