Lecture 3 Flashcards
Pre-Westphalian Treaty: Power and Authority of the Church.
- Central authority
- Legitimation of the secular rulers- kings through ____ authority
- That is because he is the presumptive living embodiment of Christ’s will
- The Church owns 1/3rd of all land in Europe
- Cannot be taxed
- Pope represents the highest authority and kings are subservient to Pope
Pre-Westphalian Treaty: Power and Authority of the Church.
- Central authority
- Legitimation of the secular rulers- kings through papal authority
- That is because he is the presumptive living embodiment of Christ’s will
- The Church owns 1/3rd of all land in Europe
- Cannot be taxed
- Pope represents the highest authority and kings are subservient to Pope
The Emergence of Sovereign States brought changes -
- Kings acquire financial resources-taxes and coercive power-right to use force
- Clash between secular and religious order
- Questioning of religious authority of the Church-as kings gain power, they question the central authority of the _____
The Emergence of Sovereign States brought changes -
- Kings acquire financial resources-taxes and coercive power-right to use force
- Clash between secular and religious order
- Questioning of religious authority of the Church-as kings gain power, they question the central authority of the Church
The Treaty of Westphalia brought many changes
- 1618-1648 Thirty years Wars-Holy Roman empire-Protestants vs. Catholics
- Shifting balance of power-as in Peloponnesian Wars
- Westphalia-1648 ended the central authority of the _____
The Treaty of Westphalia brought many changes
- 1618-1648 Thirty years Wars-Holy Roman empire-Protestants vs. Catholics
- Shifting balance of power-as in Peloponnesian Wars
- Westphalia-1648 ended the central authority of the church
Article 64 of the Treaty of Westphalia establishes territoriality and the right of the state to choose its own religion, as well as the right to ____________ by other states in any of these matters.
Article 64 of the Treaty of Westphalia establishes territoriality and the right of the state to choose its own religion, as well as the right to noninterference by other states in any of these matters.
Article 65 of the Treaty of Westphalia - establishes that no supernational authority (i.e., the Catholic Church or the Holy Roman Empire) can make or negate ______ made between sovereigns for the purpose of protecting their respective state’s security
Article 65 of the Treaty of Westphalia - establishes that no supernational authority (i.e., the Catholic Church or the Holy Roman Empire) can make or negate alliances made between sovereigns for the purpose of protecting their respective state’s security
Article 67 of the Treaty of Westphalia establishes that sovereign states can determine their own domestic _____, free from external pressures and “with full Jurisdiction within the inclosure of their Walls and their territories.”
Article 67 of the Treaty of Westphalia establishes that sovereign states can determine their own domestic policies, free from external pressures and “with full Jurisdiction within the inclosure of their Walls and their territories.”
Sovereign States make ______ with other sovereign states, do not interfere in domestic policies of others, develop strong controls over its ______, and engage in state building activities.
Sovereign States make treaties with other sovereign states, do not interfere in domestic policies of others, develop strong controls over its borders, and engage in state building activities.
Describing ‘Nations’:
A people, or aggregation of men, existing in the form of an organized jural society, inhabiting a distinct portion of the earth, speaking the same language, using the same ______, possessing historic continuity, and distinguished from other like groups by their racial origin and characteristics, and generally, but not necessarily, living under the same ________and _________. – Black’s Law Dictionary
Nations are “communities of sentiment which form the political basis on which state authority rests. – Barkin & Cronin
Describing ‘Nations’:
A people, or aggregation of men, existing in the form of an organized jural society, inhabiting a distinct portion of the earth, speaking the same language, using the same customs, possessing historic continuity, and distinguished from other like groups by their racial origin and characteristics, and generally, but not necessarily, living under the same government and sovereignty. – Black’s Law Dictionary
Nations are “communities of sentiment which form the political basis on which state authority rests. – Barkin & Cronin
A State is a legally defined entity Modern international law sets out four basic criteria for a state: 1. 2. 3. 4.
A State is a legally defined entity
Modern international law sets out four basic criteria for a state:
1. permanent population
2. defined territory
3. government
4. capacity to enter into relations with other states
What does ‘The Capacity to Enter Into Foreign Relations’ mean?
- Must have _______ under own constitutional system to enter into foreign relations;
- States do not cease to exist where it ______ some authority to a supranational entity;
- State is agreeing, in an exercise of its sovereignty to limit its independence;
- “Independence” means the sole right of decision in all matters economic, political and financial;
- Simply entering into treaties that limit this does not vitiate independence so long as state is not under the legal authority of another _____.
What does ‘The Capacity to Enter Into Foreign Relations’ mean?
- Must have competence under own constitutional system to enter into foreign relations;
- States do not cease to exist where it delegates some authority to a supranational entity;
- State is agreeing, in an exercise of its sovereignty to limit its independence;
- “Independence” means the sole right of decision in all matters economic, political and financial;
- Simply entering into treaties that limit this does not vitiate independence so long as state is not under the legal authority of another state.
What does ‘Persistence of the State’?
It means State Continuity. Once a state exists, it is difficult for it to disappear (e.g., Somalia).
- Doctrine of state continuity: a state continues to exist irrespective of changes in _______, until extinguished by absorption by another state or by dissolution;
- States persist even when governed by an illegitimate government, and that government can bind the state
What does ‘Persistence of the State’ mean?
It means State Continuity. Once a state exists, it is difficult for it to disappear (e.g., Somalia).
- Doctrine of state continuity: a state continues to exist irrespective of changes in government, until extinguished by absorption by another state or by dissolution;
- States persist even when governed by an illegitimate government, and that government can bind the state
- Defining Self-Determination:
“All peoples have the right freely to determine, without external interference, their political status and to pursue their economic, social and cultural development” - Sources of Self-Determination:
recognized as a rule of customary international law and is invoked in Articles 1 and 55 of the ____________
- Defining Self-Determination:
“All peoples have the right freely to determine, without external interference, their political status and to pursue their economic, social and cultural development” - Sources of Self-Determination:
recognized as a rule of customary international law and is invoked in Articles 1 and 55 of the United Nations Charter
Who are ‘Peoples’?
UN Special Rapporteur on the Sub-Commission on Prevention of Discrimination and Protection of Minorities:
1. The term “people” denotes a social entity possessing a clear ______ and its own characteristics
2. Relationship with a ______
3. A people should not be confused with ethnic, religious or linguistic _______
Who are ‘Peoples’?
UN Special Rapporteur on the Sub-Commission on Prevention of Discrimination and Protection of Minorities:
1. The term “people” denotes a social entity possessing a clear identity and its own characteristics
2. Relationship with a territory
3. A people should not be confused with ethnic, religious or linguistic minorities
Self-Governance and its Consequences:
The General Assembly has outlined three possible outcomes in its Resolutions 742 and 1541:
- Emergence as a _______, independent state.
- Free association with an independent state.
- Integration with an independent state.
Self-Governance and its Consequences:
The General Assembly has outlined three possible outcomes in its Resolutions 742 and 1541:
1. Emergence as a sovereign, independent state.
2. Free association with an independent state.
“should be the result of a free and voluntary choice by the peoples of the territory concerned, expressed through informed and democratic processes”
3. Integration with an independent state.
should “be the result of the freely expressed wishes of the territory’s peoples . . . their wishes having been expressed through informed and democratic processes, impartially conducted and based on universal adult suffrage.”
