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Ps 230 And Ps 388 > PS 388 Exam 3 PRACTICE > Flashcards

PS 388 Exam 3 PRACTICE Flashcards

1
Q

What is a unilateral act?

A

Whereby one or more states admit expressly or tacitly that they regard another political entity as a state. Admit that the entity is an international legal personality.

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2
Q

What are the 3 functions that a recognition of a State serves?

A
  1. ) at international level acknowledging the statehood of entity. It accepts the entity’s claim to the legal status of being a sovereign and independent State.
  2. ) indicates willing to enter into official but not necessarily diplomatic or cordial relations
  3. ) domestic level informs the courts. Government agencies and nationals of recognizing state that the new entity is treated by executive as new state.
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3
Q

What is difference between recognition of a state vs recognition of governments?

A

Recognition. If a state only becomes an issue with the appearance of a new state.

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4
Q

Do multilateral treaties survive succession?

A

Yes they do.

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5
Q

What is pass down to the surviving state?

A

The property and debt of the state normally become that to the successor state.

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6
Q

What are the five principles of jurisdiction?

A
  1. ) territorial, authority is derived from location
  2. ) nationality principle of jurisdiction authority is derived from the citizenship, nationality of defendant
  3. ) passive personality, authority is derived from the citizenship/nationality of victim. victim is a citizen of national X, conduct may start at end anywhere least used.
  4. ) protective derived from acts that threaten the security and territorial integrity, or political independence of state
  5. ) universality, principle of jurisdiction is derived from nature of crime. Crimes are heinous in all states. Entire community of nations against.
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7
Q

What is a sovereign territory?

A

Territory owned by a sovereign state.

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8
Q

What is a territorial dispute?

A

When 2 or more stages claimed ownership over a particular portion of the Earths surface.

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9
Q

What is Terra Nullius?

A

A territory that belongs to no one. Open to acquisition through the legal process of occupation.

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10
Q

What is the opinion of the court re conference of Berlin read Solananson page 287

A
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11
Q

What is Res communis?

A

Territory that is incapable of ever being legally owned. Or controlled by a state or a constellation of states.

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12
Q

States may acquired collorobale title over Res Communis? True or false

A

False. Territory state could never acquired legally.

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13
Q

What are examples of Res Communis?

A

High seas, Antarctica, Space.

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14
Q

What is dominion over land? What must a state do to acquire a legal title? Traditionally

A
  1. ) Occupation
  2. ) Conquest ( not a valid) was in the past. As international law.
  3. ) Cession
  4. ) Prescription
  5. ) accretion
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15
Q

What is occupation?

A

Extended period of time. Exclusive presence.

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16
Q

What constitutes occupation?

A

Medieval perspective = discover + terra Mullins. That’s enough. Later

  1. ) the intention of will to act as a sovereign
  2. ) some actual exercises or display of such authority.
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17
Q

What is a Belligerent occupation?

A

When US invaded Iraq. Temporary it aggressive. Doesn’t have a legislative authority.

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18
Q

What is Bruges Declaration on the Contemporary International Law on the Use of Force?

A

The Bruges Declaration of 2003 contains a contemporary restatement of the law of belligerent occupation. Rearticualtion of the law in Genova.

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19
Q

What is Belligerent Occupation?

A
  1. ) Belligerent occupation does not transfer sovereignty over territory to the occupying force.
  2. ) the occupying force can dispose of the resources of the occupied territory. Can sale oils. But meet essential needs of population
  3. ) occupying power has obligation to meet the basic needs of the population
  4. ) maintain order security
  5. ) obligation to respect rights of inhabitants under humanitarian law.
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20
Q

What is Humanitarian Occupation?

A

International Organization to govern a particular territory. Such as the United Nations.

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21
Q

Is Conquest the forceful and permanent takeover of territory is valid or collorable?

A

No. Russia Kuro islands.

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22
Q

What is Cession?

A

An international agreement in which one state gives a portion of their territory to the other state.

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23
Q

What is the 4th method to acquire a territory?

A

Prescription. Eastern Ukraine. State occupies some territory without objection for an extended period of time.

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24
Q

What is the 5th method accretion?

A

Formulation of land forming through water. States may buy accretion over that land. River dries up. Mexico and U.S.

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25
Q

What are the sea zones?

A

Land>Sea>Territorial>Continuous Zone>Exclusive Economic Zone> National Airspace>High Seas> International Airspace.

Down costal baseline. Continental Shelf. Deep Seabed.

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26
Q

What is the starting point?

A

The costal baseline.

27
Q

What is the court re Conference of Berlin opinion on the Monstrous Blunder?

A

Africa was not terra Nllius because other people were there. Meaning it was already a state. Court had declare the opposite

28
Q

What is the coastal baseline?

A

The point where the sea intersects with the edge of the land at the sea coast.

29
Q

What is a port? And how far does it extend?

A

A port extends to the outermost permanent harbor facility, forming an integral part of the harbors’ system.

30
Q

What is a bay?

A

A well-marked indentation whose penetration constitutes more than a mere curvature of the coast.

An indentation that of a semicircle whose diameter is a line drawn across the mouth of that indentation.

31
Q

What happens if d is less than 24 miles?

A

Solely internal waters. And not international waters.

32
Q

How long is the territorial sea?

A

Twelve nautical miles from the coastline.

33
Q

What does international law imposes upon a martitime of a state?

A

Certain rights arising out of sovereignty. Possession of this territory is not optimal. Minimum chart their territorial waters.

34
Q

What is an innocent passage?

A

Navigation though territorial sea for purpose of trans versing that sea. Or proceeding to internal waters. Innocent passage means not prejudicial. Aka. Not threaten security of state.

35
Q

What are straits?

A

Natural sea passages connecting two large maritime areas.

36
Q

How long is the contiguous zone?

A

12 nortical miles.

37
Q

What kind of treaty is UNCLOS?

A

Lawmaking treaty.???

38
Q

What is a transit passage?

A

May pass through straits containing territorial waters. Solely for the purpose of continuous and expeditious transit of the strait.

39
Q

What is the Exclusive Economic Zone?

A

For the purpose of exploring, and exploiting conserving and managing the natural resources.

PROTECT.

40
Q

What are bays?

A

Internal waters.

41
Q

What happens if someone kills a person in a ship that is from another country?

A

Home country may take the case or leave them. And until reach their own country. Can leave any action that does not perturb the tranquility of the port.

42
Q

Hypothetical, two friends one Turkish and one Bonsnian. Location Italy. Blind ally Macedonian citizens attacked?

A

Italy jurisdiction based on territorial principle. Macedonia on the basis on the nationality principle. Turkey/ on the basis of the passive personality principle.

43
Q

What is territorial principle? What is nationality? What is passive personality?

A
  1. ) Jurisdiction is authority derived from the location of the act
  2. ) authority is derived from the citizenship/nationality of defendant
  3. ) citizenship/nationality of the victim
  4. ) protective principle authority derived acts threaten security, territorial or political independence
  5. ) universality: principle of jurisdiction and authority is derived from the nature of the crime.
44
Q

What is the partition Africa monstrous Blunder?

A

There was the case in which Africa was not considered sovereignty and basically Europe took over.

45
Q

What is a sovereign territory?

A

Territory owned by a sovereign state.

46
Q

What is Terra Nullius?

A

A territory belonging to no-one.

47
Q

What is Res communis?

A

A territory that is incapable of ever being legally owned or controlled by a state or constellation of states. For example Antarctica

48
Q

What are the 5 methods of occupation?

A
  1. ) occupation: medieval perspective= discovery + terra Nullius constitutes occupation
  2. ) conquest: Russia took Japan kuro islands from Japan
  3. ) cession: An international agreement that feeds territory from one State to another
  4. ) prescription: State A may derive title territory within State B
  5. ) accretion: A state’s territory may be augmented by new formations of land gradually deposited from bodies of water
49
Q

What is Belligerent occupation?

A
  1. ) hostile takeover of territory
  2. ) temporary in nature
  3. ) occupier enjoys no general legislative authority to make permanent legal and political structures in the territory.
50
Q

What is Humanitarian occupation?

A

1.) An international organization may assume the powers of a national government over territory.

51
Q

How to recognize states?

A

A unilateral act, admit whether, expressway or tacitly that they regard political entity as a state. International legal personality.

52
Q

What is the Tovar doctrine?

A

A number of Latin American states entered into treaties providing de-recognition of states when there was an interruption of the constitutional order.

53
Q

Does the successor state take over the treaty obligations of the succeeded state?

A

They survive succession when they contain Norma that have many adopted by many states. The successor state cannot claim a clean slate.

54
Q

Field of state responsibility?

A

Concerned with rudimentary rules about when a state is responsible for a breach of international law. And the consequences that flow from a breach.

55
Q

What is the international wrongful act?

A

A non-conformity of a state’s actual conduct with conduct it was supposed to adopt. In order to comply with particular obligations.

56
Q

When can particular conduct may be attributed to a state? Hint 6

A
  1. ) conduct by the organs of a state=all branches=all levels
  2. ) conduct by persons who are not an organ of a state, but who are empowered by the state to exercise governmental authority(Wagner group)
  3. ) conduct by the organs of a state placed at the disposal of another state

4,) conduct carried out by persons exercising elements of governmental authority in the absence of official authority.

  1. ) conduct of an insurrection that later becomes the new government
  2. ) conduct acknowledge and adopted by a state as well it’s own.
57
Q

A breach arises by way of? Hint 3

A
  1. ) affirmative action or omission
  2. ) a single act or series of acts in the aggregate are wrongful
  3. ) aiding or assisting another state:
58
Q

Circumstances that preclude wrongfulness? Hint 5

A
  1. ) consent
  2. ) lawful self-defense
  3. ) force Majeure
  4. ) actions taken in distress for the purpose of saving lives
  5. ) necessary to safeguard an essential interest against grave and imminent peril.
59
Q

What obligations does the breaching state have?

A
  1. ) state remains bound to the underlying international obligation
  2. ) cessation to stop immediately.
  3. ) make reparations: resintitution/build, monetary payment/compensation, satisfaction=public acknowledgment or statement of regret.
60
Q

What is a Espousal claim?

A

Injury to the state may not be direct, but instead the consequence of an injury to one of its nationals.

61
Q

What are countermeasures?

A

Non-forcible act that would normally be contrary to the international obligation of a state. When taken in response to the wrongful act of another state. In order to induce cessation of, and reperation for that, act

62
Q

What are the countermeasures steps? Hint 7

A
  1. ) notification of intent for countermeasures offer to negotiate
  2. ) no countermeasures if breaching state ceases
  3. ) countermeasures only against breaching state.
  4. ) countermeasures are to be initially limited to the “non-performance of the injured state
  5. ) limit countermeasures so as to make likely the resumption, by the breaching state
  6. ) the injured state must adhere to dispute settlement mechanisms stipulated in a com-promissory clause
  7. ) the countermeasures must be proportionate to the injuries suffered.
63
Q

What is consultation?

A

Where a state intends to pursue a course of action and so notifies others

Mediation, conciliation, arbitration, judicial settlement.

Ps 230 And Ps 388 (22 decks)

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