Territory, Sovereignty and Recognition Flashcards
What is a nation?
A group that shares a culture or identity
What is legal personality?
Legal personality is a concept that the law recognises as a unit
It’s a thing doing a thing and should have legal rights
What is sovereign statehood?
When a state of legal personality gains sovereignty
What are the approaches to state recognition?
Declaratory approach = states are states if they meet the criteria set out in the Montevideo Convention
Constitutive Approach = statehood only exists via recognition by other states
Lauterpacht Doctrine = if states meet the conditions for statehood, other states have an obligation to recognise the state
What is the Montevideo Convention criteria?
- Permanent Population
- Defined territory
- Viable government
- Capacity to enter into other relations with states
What is the Lauterpacht Doctrine?
Lauterpacht says that we can reconcile the dichotomy between the declaratory and reconciliatory approach by assuming the obligation of other states to recognise states which have fulfilled the objective criteria of statehood is mandatory
BASICALLY if a state meets the Montevideo convention criteria, other states should recognise it
Can statehood ever go extinct?
A state can cede statehood - USSR
States can’t acquire soverignty through conquest unless and until the population accepts their rule
What is the difference between a recognition of a state and recognition of a government?
Recognition of a state is essentially a legal question of meeting criteria
Recognition of a government brings in the question of whether a it has effective control over a country
What is the Tobar principle?
Governments can decide to recognise governments and as such they should never recognise governments that take power illegally
What does it mean to have jurisdiction over territory?
Jurisdiction = authority
as a sovereign state, you are the only authority over what happens in your state
What is title
title = legal word for ownership
What is accretion?
Accretion = acquiring title
Cession
Cession = giving up title
What is prescription of title?
Basically when a state has had ownership over a territory for so long that no one protests it
What is estoppel
When a person is precluded from taking action inconsitent with previous actions, agreements or judicial decisions.
(like an informal pact sunt servanda)
