STUDY UNIT 3.1 Flashcards

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1
Q

THE CRITERIA OF STATEHOOD:

A

set out in the MONTEVIDEO CONVENTIONS which provides that:
-a state as a person of international law should possess:
1. a permanent population
2. a defined territory
3. an effective government
4. the capacity to enter into relations with other states.

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2
Q

PERMANENT POPULATION:

A

no minimum population size is required.

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3
Q

DEFINED TERRITORY:

A

the state should have a stable community within an area over which its government has control.

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4
Q

EFFECTIVE GOVERNMENT:

A

the state should have a government that is in effective control of its territory and that is independent of any other authority.

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5
Q

CAPACITY TO ENTER INTO RELATIONS:

A

the capacity of a state to enter into relations with other states is a consequence of independence.

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6
Q

RECOGNITION:

A

may either be: UNILATERAL AND COLLECTIVE RECOGNITION.

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7
Q

UNILATERAL RECOGNITION:

A

an individual state, already recognized as a state, recognizes an entity claiming to be a state meets the factual requirements for statehood.

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8
Q

COLLECTIVE RECOGNITION:

A

occurs when a group of states recognizes the existence of a claimant state directly, by an act of recognition.

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9
Q

TWO PRINCIPAL SCHOOLS OF THOUGHT:

A

-the constitutive theory
-the declaratory theory

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10
Q

THE CONSTITUTIVE THEORY:

A

according to the constitutive theory, the recognition of an entity as a state creates the state, therefore recognition becomes as additional requirement for statehood.

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11
Q

THE DECLARATRY THEORY:

A

the declaratory theory maintains that an entity becomes a state on meeting the factual requirements for statehood.

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12
Q

THE UN CHARTER:

A

the UN Charter provides for two categories of members:
-original members
-subsequently admitted by the organization.

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13
Q

RESOLUTION 1514:

A

this declaration not only outlawed colonialism but gave a blessing to the United Nations to the rapid creation of new independent states, with little regard for compliance with the traditional requirements of statehood.

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