Sovereignty and the State
6 important questions on Sovereignty and the State
What is the reason that diplomats are governed by international law (the Vienna Convention on Diplomatic Relations) and what do they possess?
Those entities which are subject to international law are not subject to domestic law. Diplomat is representative of the State. State is subject of international law.
They possess international legal personality.
What are the four constitutive elements of the State in article 1 of the Montevideo Convention?
Objective elements:
- Permanent population
- Defined territory
Subjective elements:
- Effective control; government
- Recognition: Capacity to enter into relations with other States
What were the dominant doctrines to justify the European expansion from 16th to the 20th centuries?
- Discovery
- Jurists were sceptical of this doctrine.
- Conquest
- Was a just cause for war, only few writers argue that the European States presented any of those causes.
- Cession
- Occupation
- Most important justification.
- Principle whereby anthing that belong to nobody became, by natural reason, the property of the first person to take it.
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What is argued that is the main motivation for the development and codification of jus cogens norms and obligations erga omnes?
Name the 4 forms of sovereignty, and their shortcomings, over territory mentioned in the article for week 2.
- Occupation and acquiescence (based on terra nullius; needs to be effective)
- Discovery (to perfect title settle land for reasonable period)
- Accretion (artificial is possible to extend not harm other States' rights)
- Cession and annexation (now illegal, but intertemporal law)
Which principles governs the international canals, that is beyond individual State appropriation?
- Open to all without discrimination
- Open at all times
- Innocent passage
- Limited environmental and safety protection for the Canal State
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