Summary: College 2 Internationaalrecht
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2 Subjects international law
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How does a state gain territory back in the day?
Back in the day discovery was seen as an gaining new territory. the exercise of effective government was added to this and seen as more important. Occupation and prescription are based on roman law. -
What are peacfull ways to gain new territory?
- Cession one state handing over territory to another, usually in exchange for a sum of money or, on occasion, for another piece of territory
-leasing, Thebasic idea with such a construction is that sovereignty is separated from the exercise of sovereign acts
-submit territorial disputes to adjudication and leave it to a court or arbitrator to decide -
What is internationalized territory?
territory placed under the authority of a group of states acting together -
How can a state change?
secession, state continues to exist, and continues to do so under the same name and with the same legal identity, but with a reduced territory.
- s decolonization
- merge or unite , reunited
-y dissolve -
What then happens to citizens of a state that becomes subject to a succession?
The ILC of the UN has adopted a number of articles on the topic but no general multilateral convention exists as yet. U
Statelessness need to be prevented n article 5, is that individuals will have the nationality of the state on whose territory they habitually reside. -
What kind of effect has sucession on international organisations?
membership is personal, so once a state ceases to exist, so does its membership of an international organization. The main general exception here concerns the financial institutions (IMF, World Bank, etc.), This membership is not personal. -
matter of law, the UN has another element that elevates it above other organizations
Under article 103 of the UN Charter, obligations for member states arising under the Charter ‘shall prevail’ over other, competing obligations.69 T -
What are the powers of the council
. It can adopt decisions that are binding on the member states by virtue of article 25 UN, but the original idea was that such decisions would be administrative in nature, rather than legislative. -
WHICH actor emerged after WW1 in international law
International organisations. -
How did colonialism effect international organisations?
My argument is that colonialism profoundly shaped the character of international institutions at their formative stage, a
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