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International Law
States and Governments
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States and Governments
A State must possess: A permanent population A defined territory A Government A capacity to enter into relations with
other States
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States and Governments
Permanent Population Some, not all, must be permanent Size not important States decide who is a citizen
But must be a true relationship Jus cogens
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States and Governments
Territory Control Exclusive legally and factually Defined [?]
“consistently controls a sufficiently identifiable core of territory”
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States and Governments
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States and Governments
Government Effective Control
Establish and maintain order De facto vs de jure War occupation Civil war Free from interference [?]
Any type of government is fine Legality of State not important
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States and Governments
A capacity to enter into relations Not required by all An indicator of independence from
‘other’ control
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States and Governments
Other Requirements??? Self-determination
Really??? Recognition by others
Evidence or proof of requirements?? More important if one or more of first
three elements are weak
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States and Governments
Federal States Individual States rarely have the right
to be involved in international relations
If do, limited [e.g., cultural, economic]
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States and Governments
Recognition of a State Legal requirements: Objective Test Political considerations Recognizing State or Government????
State: has all three (four) requirements Government: Is the third requirement
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States and Governments Recognition: Legal Effects
Constitutive Theory: A State does not exist until recognized by most other States
Declaratory Theory: A question of fact: are the requirements met?
Recognition is just an acknowledgement that the facts are met.
OAS: Political existence of a State is independent of recognition by other States
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States and Governments
Recognition: Other Effects Trade, Aid, Recognition of rights and
responsibilities Evidence that requirements are met May bring other treaties/rules into effect Establishing diplomatic relations still a
matter left to individual States Recognition of legal matters from State
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States and Governments
Recognition of Governments Often a sign of approval Evidence that in control (Elements
3/4) Not required when new government
‘arrives’ by lawful means Very political when new government
‘arrives by force/war/coup
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States and Governments
Recognition of Governments (Cont) Move to implied rather than
expressed recognition De facto vs de jure recognition of
governments EU’s attempt to revitalize the idea of
recognition