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Flashcards in Statehood Deck (5)
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1
Q

What is international legal personality?

A
  1. The state has the greatest personality
  2. individuals have partial personality and dont have full measures
  3. other persons who may engage in legal system can be international organisations, NGO’s and individuals
    - They have some legal personality which will depend on their manner and how they were designed to be fit into the legal order.
2
Q

Examples of territories which are not states and why

A

Palestine has contested boarders and doesn’t have effective independent government control.

3
Q

What is the difference between the government and the State?

A

A state must have an effective government.

The gov is temporary and is the entity which can exercise rights and authority.

4
Q

How is statehood gained and how can it be rejected?

A

The Montevideo convention is the legal framework for determining statehood.
If a state has any legitimate legal dispute against a territory even if its controlled fully there is a strong reluctance to accept you as a state.

5
Q

Define sovereignty

A

As a state you have unconditional independence as you govern a territory and population to the exclusion of any other sovereign power.