Subject Of I.law- States Flashcards

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1
Q

What is terra nullius?

A

Land of no state

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2
Q

4 legal criteria for state realization?

A
  1. Constant population
  2. Territory (disputes do not matter)
  3. Government, any sort of authority
  4. Capacity to enter into I.relations or sovereignty
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3
Q

States …… and …….?

A

States exist and disappear.

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4
Q

Source of legal right to self determination?

A

Atlantic charter of 1941

Right of people to form their own state

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5
Q

Capacity to enter into IR’s source?

A

Montevideo conv. of 1933

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6
Q

Sovereignty criteria for statehood’s source?

A

Yugoslavia arbitration of 1991

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7
Q

Does recognition have legal consequences?

A

No, it is purely a political move.

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8
Q

6 main branches of UN?

A
  1. USNSC 2. GA 3. Eco. Soc. 4. ICJ 5. Secretariat

6. Trusteeship council.

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9
Q

Role of trusteeship council? And it’s relevant article in UN charter?

A

Help new states with administrative work and Art. 76 of UN Charter.

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10
Q

How states die? 5 ways?

A

Merge, Absorption, Annexed, With consent , Without consent

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11
Q

Rights of states, 4? And what/+which is composite right?

A

To be 1. Federal

  1. Independent
  2. Equal
  3. Peaceful coexistence- composite right ( for this right to work states need cooperation, joint move, not done by one part but composite of 2+ parts)
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12
Q

What is Sui Generis?

A

One of its kind: Vatican

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13
Q

Paragraph in ICJ statute where 4 sources of law are presented?

A

§38

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