Nation States

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Nation States
2010-07-13 11:48:48
nation states international law sam zizou88

Nation States
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  1. 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
  2. Permanent population
    • 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
  3. Antarctica?
    Antartica - no permamanent residence - heritage of human kind (prohibited to be a nation).
  4. Self Determination
    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.
  5. Uti Possidetis
    • 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
  6. 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?
  7. 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.
  8. 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
  9. Terra Nullius
    • 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.
  10. 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)
  11. Governmental Control
    Democratic control only government that fulfills self determination (adequate representation).
  12. 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)
  13. Failed States
    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
  14. Rogue States
    • 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)
  15. Puppet Regimes
    • Hungary 1956 (soviets)
    • Afghanistan 1979
    • A regime with power, that is being controlled by a larger control. Looks legal, but not really in control .
  16. De facto
    Looks like a natipn state, but not legally (Somaliland in Somalia)
  17. De jure
    Legal nation state
  18. Liechenstein and Nepal
    give up representation to other states because embassy is too expensive, (swiss and India)
  19. 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
  20. Massachusetts vs Burma
    • US Supreme Court
    • Massachusetts boycott Burma but unconstitutional, form of international relations
  21. Sri Lanka 2004
    UN representatives could not enter rebel areas - it would signal that they acknowledge the rebel held territories.
  22. 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
  23. 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
  24. Tinoco Case
    • 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
  25. Biafra
    • Nigerian Civil War 1967-70
    • We used violence, give us a nation sate
    • UN SAYS NO
  26. Successor State
    • 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?