International Law

College
Essay
Miscellaneous
Pages 5 (1255 words)
Download 0
Recognition, in the light of 'International Community', has been described as either 'constitutive' or 'declaratory' of statehood. The debate had implications for state and convention practice. A constitutive conception made recognition part of statehood and seemed at times to imply discretion on the part of existing states to bring new states into being…

Introduction

(Grant, 1999, p. 1) That refers to the notion that declaratory convention seemed to reduce the inconsistency of legal entities to some states and some non states. However, both conventions ignored critical factors and requirements of legal personality. Instructions as to how, as a practical matter, recognition is to be extended can only be analyzed from the doctrines by implication. The doctrines do not take adequate account of the composite character of the state, ignoring that statehood is probably best described as a bundle of rights, obligations, and functions. And neither doctrine directly addresses where recognition falls along the spectrum between law and politics.
While highlighting the needs of the International Community, there is no doubt that the Montevideo formula was drawn up at a time when self-determination was not generally recognized as a 'need' in international law, and when the implications of the nascent rule prohibiting the use of force between states had not been worked out. That makes it even odder to debate the statehood of entities such as Palestine in terms of the Convention's hackneyed formula. (Gill & Talmon, 1999, p. 113)
Montevideo Convention gives a satisfactory definition of the state ...
Download paper
Not exactly what you need?

Related papers

Sources Of International Law
Whenever an international court decides an international dispute its first endeavour is to find out whether there is international treaty, the decision of the court is based on that treaty. According to article 2 of the Vienna convention on the law of the Treaties, 1969, "A treaty is an agreement…
International Law paper
In contrast, Private International Law deals with controversies between private persons, natural or juridical, arising out of situations having significant relationship to more than one nation. In recent years the line between public and private international law have became increasingly uncertain. Issues of private international law may also implicate issues of public international law, and many…
International Law & Institutions
This obligation, as it applies to the acts of a single nation, and the rather restrictive exceptions to it are known as the rules on unilateral use of force. At the same time, there is the concept of collective security, which allows the community of nations to arise and oppose an aggressor nation together. This is regulated by the rules of collective security. Therefore, there are many situations…
Public International Law (Extradition)
Public international law derives its rights from international agreements and may take any form that the contracting parties agree upon. Agreements may be made in respect to any matter except to the extent that the agreement conflicts with the rules of international law incorporating basic standards of international conduct or the obligations of a member state under the 'Charter of the United…
hypothetical international law questions
Answer: As per the UN Charter of human rights, human rights of all the passengers are violated in this case. According to the International Convention Against Taking of Hostages(1979) the passengers can seek damages for the violation of their human rights.…
International Law
(Grant, 1999, p. 1) That refers to the notion that declaratory convention seemed to reduce the inconsistency of legal entities to some states and some non states. However, both conventions ignored critical factors and requirements of legal personality. Instructions as to how, as a practical matter, recognition is to be extended can only be analyzed from the doctrines by implication. The doctrines…
International Law College Essay
shall not in any way affect the authority and responsibility of the Security Council under the present charter to take out any time such action as it deems necessary in order to maintain or restore international peace and security."*…