Lesson 8

Question 1

are entities that have rights and responsibilities under international law and which have the capacity to maintain their rights by bringing international claims

Answer 1

States

Question 2

a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests, and sentiments, together with the existence of reciprocal rights and duties (Nottebohm Case Liechtenstein v. Guatemala, 1955 ICJ 4)

Answer 2

Nationality

Question 3

a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his/ her nationality, and is unable or, owing to such fear, is unwilling to avail himself/herself of the protection of that country

Answer 3

Refugee

Question 4

The elements of a state are as follows:

Answer 4

permanent population, defined territory, government, and capacity to enter into relations with other states

Question 5

States are created through the following:

Answer 5

(1) discovery and occupation (2) prescription; (3) cession; (4) accretion; and (5) conquest

Question 6

occurs when a territory belonging to any state is placed under the sovereignty of the claiming state.

Answer 6

Discovery and occupation

Question 7

is when a territory is acquired through continuous and uninterrupted possession over a long period of time

Answer 7

Prescription

Question 8

involves the peaceful transfer of territory from one sovereign another, with the intention that sovereignty should pass

Answer 8

Cession

Question 9

is the Increase in the land area of the state, either through natural means, or artificially through human labor

Answer 9

Accretion

Question 10

the act of defeating an opponent and occupying all or parts of territory does not of itself constitute a basis of title to the land.

Answer 10

conquest

Question 11

is an act by which a state acknowledges the existence of another state, government, or belligerent community and indicates its willingness to deal with the entity as such under the rules of international law

Answer 11

State recognition

Question 12

that is, by individual and collective recognition on the part of already existing states

Answer 12

co-optation,

Question 13

Landmark Doctrines in State Recognition

Answer 13

Wilson doctrine, betancourt doctrine, lauterpacht doctrine, and stimson doctrine

Question 14

once the identity of a state as an international person has been fixed and its position in the international community established, the State continues to be the same corporate person whatever changes may take place in its integral organization and government

Answer 14

The principle of state continuity

Question 15

This doctrine precludes the recognition of governments established by revolution, civil war, coup d’etat, or other forms of internal violence until the freely elected representatives of the people have organized a constitutional government

Answer 15

Wilson/Tobar Doctrine

Question 16

This doctrine pertains to denial of diplomatic recognition to any regime, right or left, which came to power by military force

Answer 16

Betancourt Doctrine

Question 17

This doctrine precludes the recognition of an entity which is not legally a State as it constitutes an abuse of the power of recognition

Answer 17

Lauterpacht Doctrine

Question 18

This doctrine precludes the recognition of any established as a result of external aggression

Answer 18

Stimson Doctrine -

Question 19

Rights of States
The rights of states are as follows:

Answer 19

jurisdiction, equality, individual or collective self-defense, independence, and legation.

Question 20

means freedom from control by other state or group of states and not freedom from the restrictions that are binding on all states forming the family of nations and carries with it by necessary implication the correlative duty of non-intervention

Answer 20

The right to independence

Question 21

is underpinned in the doctrine of equality of states which provides that all states are equal in international law despite of their obvious factual inequalities as to size, population, wealth, strength, and degree of civilization.

Answer 21

The right to equality

Question 22

provides that a state may take measures including the use of force as may be necessary to counteract any danger to its existence (

Answer 22

The right to existence and self-defense

Question 23

encompasses the right of the state to its terrestrial, maritime and fluvial, aerial and space covered by its territory.

Answer 23

The right to territorial integrity and jurisdiction

Question 24

pertains to the right of the state to send and receive diplomatic missions, which enable states to carry on friendly intercourse.

Answer 24

The right to legation

Question 25

pertains to the status of having no nationality as a consequence of being born without any nationality or as a result of deprivation or loss of nationality

Answer 25

Statelessness