PIL Session 3 WS22/23

The recognition of a state is…

• the first step to a kingdom

• obligatory if the other state kindly asks for it

• a discretionary act by another state

• a duty

The declaratory theory argues that...

• a state must be recognized before it can be a state

• states are states, independently from what other states say

• that a declaration of independence is legally binding erga omnes

• recognition is status-creating

De facto regimes...

• don't have to comply with the principle of non-intervention

• are partial subjects of Public International Law

• have full capacity under international law

•    could sue you for hate-speech

A failed state...

• has lost all rights and duties under international law

• is characterized by little/no governmental authority

• is one that has lost US support

• will be held liable for any breaches of international law

Territory can be legally acquired or lost by...

• accretion

• clumsiness

• recession

• annexation

Adjudication means...

• that one state accedes to another state and ceases to exist

• absolutely nothing to me

• acquisition of territory via treaty

• acquisition of territory by a judgment (or an award)

Occupation of terra nullius...

• is the most recent form of territorial acquisition

• is an exclusively historical form of acquiring territory

• means the acquisition of zero territory

•   is the latest action of Ende Gelände

The end of the USSR is an example of a(n)...

• dissolution

• merger

• incorporation

• mismanagement

In the case of a merger…

• two states share their territory

• a new state comes into being

• one state ceases to exist

• nothing happens

Secession

• is the dream of some conservative Bavarians

• is not accepted under international law

• is a situation in which a part of a state becomes a new state

• takes place if a state transfers parts of its territory to another state