Right to self-determination / acquisition of new terrtiroty / state succession and extinction / international organizations S8

Question 1

Name and explain the chracteristics of the right to self-determination

Answer 1

Characteristics of the right to self-determination:
1) It is a right meaning people have the right to freely determine about their political status/economic/social/cultural development

2) It is a right of customary international law, a jus cogens norm and an erga omnes obligation

3) It is a collective right: it applies to groups/peoples, not individuals

4) Source: Article 1 International Covenants on HUman Rights/Article 1 UN Charter/cases of the ICJ

Question 2

Explain what is confirmed in the West Bank Barrier case

Answer 2

West Bank Barrier case is reaffirmed international law’s role in protecting peoples from colonization

Question 3

Explain what is confirmed in the Seccession of Quebec case

Answer 3

Seccession of Quebec case is confirmed that:
1) Internal self-determination: right to self-govern within a state (e.g., language, laws, institutions)

2) External self-determination: Right to secede, but only in special cases (e.g., colonialism, severe oppression, or exclusion from political participation)

Question 4

Name and explain the methods of the acquisition of new territory

Answer 4

Acquisition of new territory:
1) Cession: one state transfers land to another, usually by treaty or agreement. The new owner gets no more rights than the original state had and must respect third-party rights

2) Accretion: Territory is gained through natural processes (e.g., sediment buildup) or man-made changes (e.g., artificial islands)

3) Occupation: A state claims territory that has never belonged to any state (terra nullius)

4) Prescription: A state acquires land by peacefully occupying it over time, without objection from the original owner. If the original state protests, prescription cannot apply

Question 5

Name and explain the characteristics of state succession

Answer 5

Characteristics of state succession:
1) Occurs when one state replaces another in control of a territory’s international relations

2) Follows the “clean slate” principle: the new state is not automatically bound by the predecessor’s treaties

3) The new state can choose whether to uphold previous treaties

Question 6

Name and explain the exceptions of state succession

Answer 6

Exceptions of state succession:
1) Uti possidetis juris: existing borders remain unchanged despite ethnic or political differences

2) Human rights and humanitarian treaties: may still apply or be expected to continue, even without formal re-acceptance

Question 7

Name and explain the characteristics of state extinction

Answer 7

Characteristics of state extinction:
1) Happens when a state no longer meets the four criteria of statehood (permanent population, defined territory, government and capacity for international relations)

2) Loss of any of these aboven means the state cease to exist under international law

Question 8

Explain what an international organization is

Answer 8

International organization: an entity primarily composed of states and created by a treaty (e.g. the UN)

Question 9

Explain what is confirmed in the Reparation for injuries case

Answer 9

Reparation for injuries is confirmed that international organizations can have legal personality; they can bring legal claims, even though the ICJ did not fully explain the reasoning

Question 10

Name and explain theories of legal personality

Answer 10

Theories of legal personality:
1) Will Theory: legal personality depends on the intentions of the founding states

2) Objective Theory: legal personality arises automatically by law when the organization exists

3) Presumptive Personality Theory: legal personality is based on the organization’s functions and actions, similar to a state