Week 2: Statehood Flashcards
Does Kosovo count as a state?
Some states have recognised it, but it never had consent for the change of territory.
What about Bangladesh?
Split from Pakistan without any permission but are state.
What does the government need to be?
Effective Government needs to have control, even if it isn’t stable.
Why isn’t Scotland a State?
It doesn’t have full legal control.
What about Palestine?
The superior power of Israel can at any moment take control of the people. Can be non-member observer state in the United Nations
What is the declaratory theory of statehood?
Statehood is a question of fact that we apply legal principles that evaluate these facts. Constitutive is Depends on other states attitude towards you.
What is the threshold for loss of Statehood?
Difficult to lose, loss of effective government doesn’t mean it. Somalia and Kenya.
What happened post 1945?
War is no longer a way of legally taking another states territory.
What can existing units do?
Go their own way, usually based on displeasure to the governing in the state they are currently in
What is the difference between declaratory and constitutive theory?
D: Follows fact backed up by law
C: based on what other states think of you
D used most often
