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Basic Ingredients of a Nation States
- 1. Permanent population
- 2. Defined territory
- 3. A government in control of the population
- 4. Capacity to entry into relations with other recognized states (you have to be accepted by the group of nations. )
Montevideo Convention 1933
- Size doesn't matter, can even have nomadic people
- Vatican and Monaco have observer status in the UN
- Nauru - south pacific island of 1,300 has same 1 vote as china
Antartica - no permamanent residence - heritage of human kind (prohibited to be a nation).
freedom of the people of a given territory or national grouping to determine their own political status and how they will be governed without undue influence from any other country. Does not mean a group of people can have a nation just because they want it.
- Literally: As you possess it.
- International Law: boudaries you inherit at the moment of independence are the boundaries you keep. (process of decolinization to stop African countrie sfrom going to war)
- Precedent: International law does not like to redraw boundaries bc every group will use precedent to get what they want
India and Pakistan
- Created when British Empire left
- Hindu v. Muslims
- Muslim minority, millions were slaughtered.
- First partition to UN, boundary created because of the blood bath.
- Sets a bad precedent?
Burkino Faso vs. Mali
- ICJ 1986
- Both burkino faso and mali want to keep disuputer terriroty because of ethnic groups on either side
- RULING: rejected, Usi possideits, can't have self determination just live with it.
Succession of Quebec
- Supreme Court of Canada 1998
- Self determination - does not mean the write to secede, still english speaking people in Quebec
- Can lead to ethnic cleansing and killing off minorities
- Uti possidetis! No redrawing of boundaries
- No territory, land without legal status (Antarctica)
- There is no terra nullius in the universe
- Everything is accounted for, prevents imperialism (Britian claimed India as Terra Nullius bc they lacked documents claiming the land.
Soccer War Case
- Honduras Vs. El Salvador ICJ 1992
- pre-existing dispute over swamps for decades gets violent at soccer match
- El Salvador engaged in acts of Sovereignty (ACTIONS MATTER IN ICJ)
- El Salvador placed flag and ten people living there, HONDURAS DID NOT PROTEST
- Therefore displays of Sovereignty were deciding evidence (just like dokdo)
Democratic control only government that fulfills self determination (adequate representation).
Governments Vs. States
Recognizing a State and Government are two different things
There are situations when the two don't match (rigged elections, nations recognize the nation but not the new president and government)
Failed State: Legally exisitng state without a ruling regime- used to prevent Terra Nullius
- Somalia - no government since 1991, fighting
- There was no point in which Somalia as a nation ceased to exist
- If government is est by Islamic regime, UN would not recognize as it was done using violence and force - violating self-determination
- Problem: Don't play by rules
- Sign treaties and break them
- bad reputations so you cant trust (iran building nukes when they shouldn't be)
- Hungary 1956 (soviets)
- Afghanistan 1979
- A regime with power, that is being controlled by a larger control. Looks legal, but not really in control .
Looks like a natipn state, but not legally (Somaliland in Somalia)
Legal nation state
Liechenstein and Nepal
give up representation to other states because embassy is too expensive, (swiss and India)
How many states to be considered having capacity to enter relations?
- Tricky, more than one at least,
- USA interacts with cuba through Switzerland, not directly
Massachusetts vs Burma
- US Supreme Court
- Massachusetts boycott Burma but unconstitutional, form of international relations
Sri Lanka 2004
UN representatives could not enter rebel areas - it would signal that they acknowledge the rebel held territories.
De Facto Vs. De Jure Recognition
Republic of Srpksa, East Timor
- Came out after republic of Yugoslavia
- ethnic cleansing against serbians
- President claims UN didn't recognize Srpksa as a State, no trial.
- President acted as if he was in charge of one, enough to make trial
Haiti 1991: Jean-Bertrand Aistide
Haiti undergoes military coup and kicks out president Jean-Bertrand Aistide. UN does not recognize the government of Haiti as they did not allow sovereignty, but instead kept communication with Aistid as representative of UN
- Great Britain vs Costa Rica 1923
- Costa Rica new gov't comes to power, Britain does not recognize. Costa rica denies economic assets and Britain successfully sues. Costa Rica is still legally bound, even with new government
- Nigerian Civil War 1967-70
- We used violence, give us a nation sate
- UN SAYS NO
- Former USSR: Russia
- Fromer Yugoslave )Serbia and Montenegro; Macedonia)
- No succesor state too much fighting
- Unification of Korea
What laws will be used for both, which international policies will be adopted for Korea. North's or South's?