SlideShare a Scribd company logo
1 of 13
Download to read offline
Lecture 8 & 9 
Criteria of Statehood 
& 
Territorial Sovereignty
A) Recognition of State 
• When ones state recognised another entity as 
a ‘state’. 
• The importance of being recognised: only 
‘state’ can acquire international legal 
personality (by the recognising state)
• The time of recognition is important because 
at that time, the recognised state will have 
international legal personality by the 
recognizing state.
• There are 3 theories in recognition: 
a)constitutive 
b)declaratory 
c)hybrid
• ‘formal acknowledgement or acceptance by a 
government of the independence and 
sovereignty of a newly created state or of a 
newly established government in another 
state, especially one establishing by 
revolution’.
a) Constitutive Theory 
• The act of recognition itself will make a 
political entity into a state and therefore 
became a subject of international law. 
Exception to this theory – Taiwan. 
• Although only 20 states recognised Taiwan 
(Malaysia excluding), nevertheless it has 
entered into international relations with 
almost every other states in the world.
b) Declaratory Theory 
• An entity will become a state and subsequently 
become a subject of international law as soon as 
it has all the four traditional qualifications for 
recognition. Exception to this – Palestine. 
• Recognised by more than 70 states (including 
Malaysia) and have observer status as United 
Nations (PLO) BUT it does not have a defined 
territory or habited by ‘permanent’ population 
and ‘effective’ government.
c) Hybrid Theory 
• Arise because both the constitutive and 
declaratory theory is not widely accepted by 
the majority states. 
• There must be a merger between these two 
theories.
Constitutive Declaratory
• According to hybrid theory: 
a state can exist in fact as a subject of 
international law as soon as it satisfies the 
conditions of statehood, but it can only realise 
its full potential (as a state) only after it has 
been recognised.
B) Recognition of Government 
• If there’s a change of government in a state, 
then there’s a need to recognised the new 
government. 
• There is no need to recognise if the new 
government succeeded the old government 
by lawful means: Election.
• Problem arise when it is done through 
unlawful means. 
• For example revolution and non-constitutional 
means.
• In order for the new government to be 
recognised, it must: 
a) be effective 
b) have exclusive control over the territory of 
the state 
c) demonstrate its ability to honour 
international obligations 
d) be representative of all shades of opinion.

More Related Content

What's hot

Sources of international law
Sources of international lawSources of international law
Sources of international lawShivani Sharma
 
Concept of state, recognition and jurisdiction
Concept of state, recognition and jurisdictionConcept of state, recognition and jurisdiction
Concept of state, recognition and jurisdictionShivani Sharma
 
Sources of international law
Sources of international lawSources of international law
Sources of international lawWaqar Khattak
 
Subject of International law & legal personality
Subject of  International law & legal personalitySubject of  International law & legal personality
Subject of International law & legal personalityVandanaDhoundiyal
 
Recognition and dejuro defacto
Recognition and dejuro defactoRecognition and dejuro defacto
Recognition and dejuro defactoAlyna Adyl
 
Territory of States -- International Law
Territory of States -- International LawTerritory of States -- International Law
Territory of States -- International LawKaryll Mitra
 
Understanding Diplomatic Privileges and Immunities
Understanding Diplomatic Privileges and ImmunitiesUnderstanding Diplomatic Privileges and Immunities
Understanding Diplomatic Privileges and ImmunitiesKai Bruns
 
Lecture 7 subjects of international law
Lecture 7   subjects of international lawLecture 7   subjects of international law
Lecture 7 subjects of international lawKingnabalu
 
The subject of international law
The subject of international lawThe subject of international law
The subject of international lawFAROUQ
 
international court of jurisdiction
international court of jurisdictioninternational court of jurisdiction
international court of jurisdictionAmulya Nigam
 
General Assembly- UN
General Assembly- UNGeneral Assembly- UN
General Assembly- UNsinghajay92
 
Lecture 4 & 5 the law of treaties
Lecture 4 & 5   the law of treatiesLecture 4 & 5   the law of treaties
Lecture 4 & 5 the law of treatiesKingnabalu
 
State succession,Kinds, Theories & consequences of state succession.
State succession,Kinds, Theories & consequences of state succession.State succession,Kinds, Theories & consequences of state succession.
State succession,Kinds, Theories & consequences of state succession.Keshav Choudhary
 
International law notes by asmatullah
International law notes by asmatullahInternational law notes by asmatullah
International law notes by asmatullahAsmatullah Kakar
 
Relation b/w international law and Muncipal law
Relation b/w international law and Muncipal lawRelation b/w international law and Muncipal law
Relation b/w international law and Muncipal lawPRAVEENKUMARYADAV31
 
Sources of international law
Sources of international lawSources of international law
Sources of international lawWajid Ali Kharal
 

What's hot (20)

Sources of international law
Sources of international lawSources of international law
Sources of international law
 
Concept of state, recognition and jurisdiction
Concept of state, recognition and jurisdictionConcept of state, recognition and jurisdiction
Concept of state, recognition and jurisdiction
 
Sources of international law
Sources of international lawSources of international law
Sources of international law
 
Recognition
RecognitionRecognition
Recognition
 
Subject of International law & legal personality
Subject of  International law & legal personalitySubject of  International law & legal personality
Subject of International law & legal personality
 
Recognition and dejuro defacto
Recognition and dejuro defactoRecognition and dejuro defacto
Recognition and dejuro defacto
 
use of force
use of forceuse of force
use of force
 
Territory of States -- International Law
Territory of States -- International LawTerritory of States -- International Law
Territory of States -- International Law
 
Understanding Diplomatic Privileges and Immunities
Understanding Diplomatic Privileges and ImmunitiesUnderstanding Diplomatic Privileges and Immunities
Understanding Diplomatic Privileges and Immunities
 
Lecture 7 subjects of international law
Lecture 7   subjects of international lawLecture 7   subjects of international law
Lecture 7 subjects of international law
 
The subject of international law
The subject of international lawThe subject of international law
The subject of international law
 
international court of jurisdiction
international court of jurisdictioninternational court of jurisdiction
international court of jurisdiction
 
General Assembly- UN
General Assembly- UNGeneral Assembly- UN
General Assembly- UN
 
Lecture 4 & 5 the law of treaties
Lecture 4 & 5   the law of treatiesLecture 4 & 5   the law of treaties
Lecture 4 & 5 the law of treaties
 
Extradition
ExtraditionExtradition
Extradition
 
State succession,Kinds, Theories & consequences of state succession.
State succession,Kinds, Theories & consequences of state succession.State succession,Kinds, Theories & consequences of state succession.
State succession,Kinds, Theories & consequences of state succession.
 
International law notes by asmatullah
International law notes by asmatullahInternational law notes by asmatullah
International law notes by asmatullah
 
Diplomatic Immunities
Diplomatic ImmunitiesDiplomatic Immunities
Diplomatic Immunities
 
Relation b/w international law and Muncipal law
Relation b/w international law and Muncipal lawRelation b/w international law and Muncipal law
Relation b/w international law and Muncipal law
 
Sources of international law
Sources of international lawSources of international law
Sources of international law
 

Viewers also liked

Lecture 3 sources of international law
Lecture 3   sources of international lawLecture 3   sources of international law
Lecture 3 sources of international lawKingnabalu
 
Lecture 8 state responsibility
Lecture 8   state responsibilityLecture 8   state responsibility
Lecture 8 state responsibilityKingnabalu
 
Lecture 1 & 2 introduction & nature of pil
Lecture 1 & 2   introduction & nature of pilLecture 1 & 2   introduction & nature of pil
Lecture 1 & 2 introduction & nature of pilKingnabalu
 
Lecture 6 jurisdiction & immunity
Lecture  6    jurisdiction & immunityLecture  6    jurisdiction & immunity
Lecture 6 jurisdiction & immunityKingnabalu
 
The Concept of State
The Concept of StateThe Concept of State
The Concept of StateRuby Angela
 
IesueLauraBoliviaChile
IesueLauraBoliviaChileIesueLauraBoliviaChile
IesueLauraBoliviaChileLaura Theresa
 
5. vienna convention on the law of treaties 1969
5. vienna convention on the law of treaties 19695. vienna convention on the law of treaties 1969
5. vienna convention on the law of treaties 1969Adi Kuntarto
 
Landlawtest
LandlawtestLandlawtest
LandlawtestFAROUQ
 
Facebook advertising hu_bpres_v2
Facebook advertising hu_bpres_v2Facebook advertising hu_bpres_v2
Facebook advertising hu_bpres_v2The Farnham Hub
 
What, where, when,
What, where, when,What, where, when,
What, where, when,iloveyou06
 
Progress for equity report june 2015 unicef
Progress for equity report june 2015 unicefProgress for equity report june 2015 unicef
Progress for equity report june 2015 unicefUNICEF Data & Analytics
 
Cartilha laboratorio55 atualizada 28 11 2016 (1)
Cartilha laboratorio55  atualizada 28 11 2016 (1)Cartilha laboratorio55  atualizada 28 11 2016 (1)
Cartilha laboratorio55 atualizada 28 11 2016 (1)Rbtconseg Tst
 
Digital Marketing For Small Businesses
Digital Marketing For Small BusinessesDigital Marketing For Small Businesses
Digital Marketing For Small BusinessesThe Farnham Hub
 

Viewers also liked (19)

Lecture 3 sources of international law
Lecture 3   sources of international lawLecture 3   sources of international law
Lecture 3 sources of international law
 
Lecture 8 state responsibility
Lecture 8   state responsibilityLecture 8   state responsibility
Lecture 8 state responsibility
 
Lecture 1 & 2 introduction & nature of pil
Lecture 1 & 2   introduction & nature of pilLecture 1 & 2   introduction & nature of pil
Lecture 1 & 2 introduction & nature of pil
 
1. history
1. history1. history
1. history
 
Lecture 6 jurisdiction & immunity
Lecture  6    jurisdiction & immunityLecture  6    jurisdiction & immunity
Lecture 6 jurisdiction & immunity
 
Recognition
RecognitionRecognition
Recognition
 
What is International Law?
What is International Law?What is International Law?
What is International Law?
 
2.maxims
2.maxims2.maxims
2.maxims
 
The Concept of State
The Concept of StateThe Concept of State
The Concept of State
 
law of treaties
law of treatieslaw of treaties
law of treaties
 
IesueLauraBoliviaChile
IesueLauraBoliviaChileIesueLauraBoliviaChile
IesueLauraBoliviaChile
 
5. vienna convention on the law of treaties 1969
5. vienna convention on the law of treaties 19695. vienna convention on the law of treaties 1969
5. vienna convention on the law of treaties 1969
 
River water dispute and article 262
River water dispute and article 262River water dispute and article 262
River water dispute and article 262
 
Landlawtest
LandlawtestLandlawtest
Landlawtest
 
Facebook advertising hu_bpres_v2
Facebook advertising hu_bpres_v2Facebook advertising hu_bpres_v2
Facebook advertising hu_bpres_v2
 
What, where, when,
What, where, when,What, where, when,
What, where, when,
 
Progress for equity report june 2015 unicef
Progress for equity report june 2015 unicefProgress for equity report june 2015 unicef
Progress for equity report june 2015 unicef
 
Cartilha laboratorio55 atualizada 28 11 2016 (1)
Cartilha laboratorio55  atualizada 28 11 2016 (1)Cartilha laboratorio55  atualizada 28 11 2016 (1)
Cartilha laboratorio55 atualizada 28 11 2016 (1)
 
Digital Marketing For Small Businesses
Digital Marketing For Small BusinessesDigital Marketing For Small Businesses
Digital Marketing For Small Businesses
 

Similar to Lecture 8 & 9 criteria of statehood and territorial sovereignty

Unit-3-L-2-States-Nationality-and-Statelessness.pdf
Unit-3-L-2-States-Nationality-and-Statelessness.pdfUnit-3-L-2-States-Nationality-and-Statelessness.pdf
Unit-3-L-2-States-Nationality-and-Statelessness.pdfJacquelineSudlon
 
Chapter 4 State government, and structure
Chapter 4 State government, and structureChapter 4 State government, and structure
Chapter 4 State government, and structureYohannisKidanu
 
Andres Hernandez Bravo work, concept maps
Andres Hernandez Bravo work, concept mapsAndres Hernandez Bravo work, concept maps
Andres Hernandez Bravo work, concept maps777777777
 
Lwn158 seminar 4 2016
Lwn158 seminar 4 2016Lwn158 seminar 4 2016
Lwn158 seminar 4 2016hollyranae
 
Socsci 141
Socsci 141Socsci 141
Socsci 141Shobbbe
 
Lesson 4.-nature-state-government
Lesson 4.-nature-state-governmentLesson 4.-nature-state-government
Lesson 4.-nature-state-governmentMiss Chey
 
Principles of Government
Principles of GovernmentPrinciples of Government
Principles of GovernmentChris Thomas
 
INTERGOVERNMENTAL RELATIONS
INTERGOVERNMENTAL RELATIONSINTERGOVERNMENTAL RELATIONS
INTERGOVERNMENTAL RELATIONSNesto Mark
 
3.2.principles.of.us.government
3.2.principles.of.us.government3.2.principles.of.us.government
3.2.principles.of.us.governmentjtoma84
 
Intro to comparative politics
Intro to comparative politicsIntro to comparative politics
Intro to comparative politicsJason Pacaway
 
Comparative Politics - State 。.pptx
Comparative Politics - State 。.pptxComparative Politics - State 。.pptx
Comparative Politics - State 。.pptxDramaneGermainThiomb1
 
Theory of Corporate Personality.pptx
 Theory of Corporate Personality.pptx Theory of Corporate Personality.pptx
Theory of Corporate Personality.pptxRanjanMishra81
 
Us Government Basic Concepts
Us Government Basic ConceptsUs Government Basic Concepts
Us Government Basic Conceptsdficker
 
define government and state and functions
define government and state and functionsdefine government and state and functions
define government and state and functionsfida hussain
 

Similar to Lecture 8 & 9 criteria of statehood and territorial sovereignty (20)

subjects PIL.pdf
subjects PIL.pdfsubjects PIL.pdf
subjects PIL.pdf
 
Unit-3-L-2-States-Nationality-and-Statelessness.pdf
Unit-3-L-2-States-Nationality-and-Statelessness.pdfUnit-3-L-2-States-Nationality-and-Statelessness.pdf
Unit-3-L-2-States-Nationality-and-Statelessness.pdf
 
Chapter 4 State government, and structure
Chapter 4 State government, and structureChapter 4 State government, and structure
Chapter 4 State government, and structure
 
Andres Hernandez Bravo work, concept maps
Andres Hernandez Bravo work, concept mapsAndres Hernandez Bravo work, concept maps
Andres Hernandez Bravo work, concept maps
 
Lwn158 seminar 4 2016
Lwn158 seminar 4 2016Lwn158 seminar 4 2016
Lwn158 seminar 4 2016
 
Socsci 141
Socsci 141Socsci 141
Socsci 141
 
Chap01
Chap01Chap01
Chap01
 
Lesson 4.-nature-state-government
Lesson 4.-nature-state-governmentLesson 4.-nature-state-government
Lesson 4.-nature-state-government
 
Principles of Government
Principles of GovernmentPrinciples of Government
Principles of Government
 
INTERGOVERNMENTAL RELATIONS
INTERGOVERNMENTAL RELATIONSINTERGOVERNMENTAL RELATIONS
INTERGOVERNMENTAL RELATIONS
 
3.2.principles.of.us.government
3.2.principles.of.us.government3.2.principles.of.us.government
3.2.principles.of.us.government
 
Intro to comparative politics
Intro to comparative politicsIntro to comparative politics
Intro to comparative politics
 
Federalism
FederalismFederalism
Federalism
 
state succession.pptx
state succession.pptxstate succession.pptx
state succession.pptx
 
civics CH 4.pptx
civics CH 4.pptxcivics CH 4.pptx
civics CH 4.pptx
 
Comparative Politics - State 。.pptx
Comparative Politics - State 。.pptxComparative Politics - State 。.pptx
Comparative Politics - State 。.pptx
 
L4 power and state
L4 power and stateL4 power and state
L4 power and state
 
Theory of Corporate Personality.pptx
 Theory of Corporate Personality.pptx Theory of Corporate Personality.pptx
Theory of Corporate Personality.pptx
 
Us Government Basic Concepts
Us Government Basic ConceptsUs Government Basic Concepts
Us Government Basic Concepts
 
define government and state and functions
define government and state and functionsdefine government and state and functions
define government and state and functions
 

Recently uploaded

Slides CapTechTalks Webinar March 2024 Joshua Sinai.pptx
Slides CapTechTalks Webinar March 2024 Joshua Sinai.pptxSlides CapTechTalks Webinar March 2024 Joshua Sinai.pptx
Slides CapTechTalks Webinar March 2024 Joshua Sinai.pptxCapitolTechU
 
How to Add Existing Field in One2Many Tree View in Odoo 17
How to Add Existing Field in One2Many Tree View in Odoo 17How to Add Existing Field in One2Many Tree View in Odoo 17
How to Add Existing Field in One2Many Tree View in Odoo 17Celine George
 
Optical Fibre and It's Applications.pptx
Optical Fibre and It's Applications.pptxOptical Fibre and It's Applications.pptx
Optical Fibre and It's Applications.pptxPurva Nikam
 
Protein Structure - threading Protein modelling pptx
Protein Structure - threading Protein modelling pptxProtein Structure - threading Protein modelling pptx
Protein Structure - threading Protein modelling pptxvidhisharma994099
 
Drug Information Services- DIC and Sources.
Drug Information Services- DIC and Sources.Drug Information Services- DIC and Sources.
Drug Information Services- DIC and Sources.raviapr7
 
2024.03.23 What do successful readers do - Sandy Millin for PARK.pptx
2024.03.23 What do successful readers do - Sandy Millin for PARK.pptx2024.03.23 What do successful readers do - Sandy Millin for PARK.pptx
2024.03.23 What do successful readers do - Sandy Millin for PARK.pptxSandy Millin
 
P4C x ELT = P4ELT: Its Theoretical Background (Kanazawa, 2024 March).pdf
P4C x ELT = P4ELT: Its Theoretical Background (Kanazawa, 2024 March).pdfP4C x ELT = P4ELT: Its Theoretical Background (Kanazawa, 2024 March).pdf
P4C x ELT = P4ELT: Its Theoretical Background (Kanazawa, 2024 March).pdfYu Kanazawa / Osaka University
 
5 charts on South Africa as a source country for international student recrui...
5 charts on South Africa as a source country for international student recrui...5 charts on South Africa as a source country for international student recrui...
5 charts on South Africa as a source country for international student recrui...CaraSkikne1
 
Clinical Pharmacy Introduction to Clinical Pharmacy, Concept of clinical pptx
Clinical Pharmacy  Introduction to Clinical Pharmacy, Concept of clinical pptxClinical Pharmacy  Introduction to Clinical Pharmacy, Concept of clinical pptx
Clinical Pharmacy Introduction to Clinical Pharmacy, Concept of clinical pptxraviapr7
 
DUST OF SNOW_BY ROBERT FROST_EDITED BY_ TANMOY MISHRA
DUST OF SNOW_BY ROBERT FROST_EDITED BY_ TANMOY MISHRADUST OF SNOW_BY ROBERT FROST_EDITED BY_ TANMOY MISHRA
DUST OF SNOW_BY ROBERT FROST_EDITED BY_ TANMOY MISHRATanmoy Mishra
 
Ultra structure and life cycle of Plasmodium.pptx
Ultra structure and life cycle of Plasmodium.pptxUltra structure and life cycle of Plasmodium.pptx
Ultra structure and life cycle of Plasmodium.pptxDr. Asif Anas
 
How to Add a New Field in Existing Kanban View in Odoo 17
How to Add a New Field in Existing Kanban View in Odoo 17How to Add a New Field in Existing Kanban View in Odoo 17
How to Add a New Field in Existing Kanban View in Odoo 17Celine George
 
Easter in the USA presentation by Chloe.
Easter in the USA presentation by Chloe.Easter in the USA presentation by Chloe.
Easter in the USA presentation by Chloe.EnglishCEIPdeSigeiro
 
Work Experience for psp3 portfolio sasha
Work Experience for psp3 portfolio sashaWork Experience for psp3 portfolio sasha
Work Experience for psp3 portfolio sashasashalaycock03
 
Prescribed medication order and communication skills.pptx
Prescribed medication order and communication skills.pptxPrescribed medication order and communication skills.pptx
Prescribed medication order and communication skills.pptxraviapr7
 
What is the Future of QuickBooks DeskTop?
What is the Future of QuickBooks DeskTop?What is the Future of QuickBooks DeskTop?
What is the Future of QuickBooks DeskTop?TechSoup
 
How to Create a Toggle Button in Odoo 17
How to Create a Toggle Button in Odoo 17How to Create a Toggle Button in Odoo 17
How to Create a Toggle Button in Odoo 17Celine George
 
Unveiling the Intricacies of Leishmania donovani: Structure, Life Cycle, Path...
Unveiling the Intricacies of Leishmania donovani: Structure, Life Cycle, Path...Unveiling the Intricacies of Leishmania donovani: Structure, Life Cycle, Path...
Unveiling the Intricacies of Leishmania donovani: Structure, Life Cycle, Path...Dr. Asif Anas
 

Recently uploaded (20)

Slides CapTechTalks Webinar March 2024 Joshua Sinai.pptx
Slides CapTechTalks Webinar March 2024 Joshua Sinai.pptxSlides CapTechTalks Webinar March 2024 Joshua Sinai.pptx
Slides CapTechTalks Webinar March 2024 Joshua Sinai.pptx
 
How to Add Existing Field in One2Many Tree View in Odoo 17
How to Add Existing Field in One2Many Tree View in Odoo 17How to Add Existing Field in One2Many Tree View in Odoo 17
How to Add Existing Field in One2Many Tree View in Odoo 17
 
Finals of Kant get Marx 2.0 : a general politics quiz
Finals of Kant get Marx 2.0 : a general politics quizFinals of Kant get Marx 2.0 : a general politics quiz
Finals of Kant get Marx 2.0 : a general politics quiz
 
Personal Resilience in Project Management 2 - TV Edit 1a.pdf
Personal Resilience in Project Management 2 - TV Edit 1a.pdfPersonal Resilience in Project Management 2 - TV Edit 1a.pdf
Personal Resilience in Project Management 2 - TV Edit 1a.pdf
 
Optical Fibre and It's Applications.pptx
Optical Fibre and It's Applications.pptxOptical Fibre and It's Applications.pptx
Optical Fibre and It's Applications.pptx
 
Protein Structure - threading Protein modelling pptx
Protein Structure - threading Protein modelling pptxProtein Structure - threading Protein modelling pptx
Protein Structure - threading Protein modelling pptx
 
Drug Information Services- DIC and Sources.
Drug Information Services- DIC and Sources.Drug Information Services- DIC and Sources.
Drug Information Services- DIC and Sources.
 
2024.03.23 What do successful readers do - Sandy Millin for PARK.pptx
2024.03.23 What do successful readers do - Sandy Millin for PARK.pptx2024.03.23 What do successful readers do - Sandy Millin for PARK.pptx
2024.03.23 What do successful readers do - Sandy Millin for PARK.pptx
 
P4C x ELT = P4ELT: Its Theoretical Background (Kanazawa, 2024 March).pdf
P4C x ELT = P4ELT: Its Theoretical Background (Kanazawa, 2024 March).pdfP4C x ELT = P4ELT: Its Theoretical Background (Kanazawa, 2024 March).pdf
P4C x ELT = P4ELT: Its Theoretical Background (Kanazawa, 2024 March).pdf
 
5 charts on South Africa as a source country for international student recrui...
5 charts on South Africa as a source country for international student recrui...5 charts on South Africa as a source country for international student recrui...
5 charts on South Africa as a source country for international student recrui...
 
Clinical Pharmacy Introduction to Clinical Pharmacy, Concept of clinical pptx
Clinical Pharmacy  Introduction to Clinical Pharmacy, Concept of clinical pptxClinical Pharmacy  Introduction to Clinical Pharmacy, Concept of clinical pptx
Clinical Pharmacy Introduction to Clinical Pharmacy, Concept of clinical pptx
 
DUST OF SNOW_BY ROBERT FROST_EDITED BY_ TANMOY MISHRA
DUST OF SNOW_BY ROBERT FROST_EDITED BY_ TANMOY MISHRADUST OF SNOW_BY ROBERT FROST_EDITED BY_ TANMOY MISHRA
DUST OF SNOW_BY ROBERT FROST_EDITED BY_ TANMOY MISHRA
 
Ultra structure and life cycle of Plasmodium.pptx
Ultra structure and life cycle of Plasmodium.pptxUltra structure and life cycle of Plasmodium.pptx
Ultra structure and life cycle of Plasmodium.pptx
 
How to Add a New Field in Existing Kanban View in Odoo 17
How to Add a New Field in Existing Kanban View in Odoo 17How to Add a New Field in Existing Kanban View in Odoo 17
How to Add a New Field in Existing Kanban View in Odoo 17
 
Easter in the USA presentation by Chloe.
Easter in the USA presentation by Chloe.Easter in the USA presentation by Chloe.
Easter in the USA presentation by Chloe.
 
Work Experience for psp3 portfolio sasha
Work Experience for psp3 portfolio sashaWork Experience for psp3 portfolio sasha
Work Experience for psp3 portfolio sasha
 
Prescribed medication order and communication skills.pptx
Prescribed medication order and communication skills.pptxPrescribed medication order and communication skills.pptx
Prescribed medication order and communication skills.pptx
 
What is the Future of QuickBooks DeskTop?
What is the Future of QuickBooks DeskTop?What is the Future of QuickBooks DeskTop?
What is the Future of QuickBooks DeskTop?
 
How to Create a Toggle Button in Odoo 17
How to Create a Toggle Button in Odoo 17How to Create a Toggle Button in Odoo 17
How to Create a Toggle Button in Odoo 17
 
Unveiling the Intricacies of Leishmania donovani: Structure, Life Cycle, Path...
Unveiling the Intricacies of Leishmania donovani: Structure, Life Cycle, Path...Unveiling the Intricacies of Leishmania donovani: Structure, Life Cycle, Path...
Unveiling the Intricacies of Leishmania donovani: Structure, Life Cycle, Path...
 

Lecture 8 & 9 criteria of statehood and territorial sovereignty

  • 1. Lecture 8 & 9 Criteria of Statehood & Territorial Sovereignty
  • 2. A) Recognition of State • When ones state recognised another entity as a ‘state’. • The importance of being recognised: only ‘state’ can acquire international legal personality (by the recognising state)
  • 3. • The time of recognition is important because at that time, the recognised state will have international legal personality by the recognizing state.
  • 4. • There are 3 theories in recognition: a)constitutive b)declaratory c)hybrid
  • 5. • ‘formal acknowledgement or acceptance by a government of the independence and sovereignty of a newly created state or of a newly established government in another state, especially one establishing by revolution’.
  • 6. a) Constitutive Theory • The act of recognition itself will make a political entity into a state and therefore became a subject of international law. Exception to this theory – Taiwan. • Although only 20 states recognised Taiwan (Malaysia excluding), nevertheless it has entered into international relations with almost every other states in the world.
  • 7. b) Declaratory Theory • An entity will become a state and subsequently become a subject of international law as soon as it has all the four traditional qualifications for recognition. Exception to this – Palestine. • Recognised by more than 70 states (including Malaysia) and have observer status as United Nations (PLO) BUT it does not have a defined territory or habited by ‘permanent’ population and ‘effective’ government.
  • 8. c) Hybrid Theory • Arise because both the constitutive and declaratory theory is not widely accepted by the majority states. • There must be a merger between these two theories.
  • 10. • According to hybrid theory: a state can exist in fact as a subject of international law as soon as it satisfies the conditions of statehood, but it can only realise its full potential (as a state) only after it has been recognised.
  • 11. B) Recognition of Government • If there’s a change of government in a state, then there’s a need to recognised the new government. • There is no need to recognise if the new government succeeded the old government by lawful means: Election.
  • 12. • Problem arise when it is done through unlawful means. • For example revolution and non-constitutional means.
  • 13. • In order for the new government to be recognised, it must: a) be effective b) have exclusive control over the territory of the state c) demonstrate its ability to honour international obligations d) be representative of all shades of opinion.