Probleem 1 – Do the People’s Republics of Donetsk and Luhansk have a right to self-determination?
Leerdoelen:
Leerdoel 1: What is (interna land external) self-determination and what are the conditions thereof?
Leerdoel 2: Is a declaration of independence lawful under international law?
Leerdoel 3: Is secession lawful under international law?
Leerdoel 4: In which way is the succession of rights and duties of (new) states arranged?
Boek 1: International Law, hoofdstuk 4.2
Leerdoel 1: What is (interna land external) self-determination and what are the conditions thereof?
The right of self-determination: all peoples have a right to freely determine their political status and to
pursue their economic, social and cultural development.
Internal: people pursue their political, economic, social and cultural development within the
framework of an existing state.
External: the option of seceding, but this only appears in the most extreme of cases.
Controversial: people have the right to secede themselves from their state and create a new one.
Leerdoel 2: Is a declaration of independence lawful under international law?
Niet voorbij gekomen in dit boek.
Leerdoel 3: Is secession lawful under international law?
A mother state can consent to the secession of part of its territory, whereby the seceding entity can seek
to create an independent state.
Acquisition of new territory: a few ways:
Purchase territory from another state through cession.
The acquiring state cannot gain more rights to the territory than those that the ceding state had.
The acquiring must respect the potential rights of third states.
Accretion: new land is created by nature.
Erosion: the opposite of accretion. The disappearance of territory by natural forces.
The changes as referred to are called avulsion. Only when the change to the course of the river is
caused by accretion, the boundary will move between two states.
Occupation: a state can obtain title to territory that has never been the subject of any state, what is
called terra nullius.
Res communis: different to terra nullius, this refers to an area that is not subject to the legal title
of any state.
Title is obtained when a state exercises effective control over the territory.
Prescription: obtaining title to territory previously under the sovereignty of another state.
Is derived(=afgeleid) from a form of implied consent from the state whose rights are being
displaced.
Conquering new territory: the presence of the foreign state does not transfer any sovereignty. The
displaced sovereign loses de facto possession, but is does not lose de jure possession.
Leerdoel 4: In which way is the succession of rights and duties of (new) states arranged?
Declaratory view: the creation of states is a matter of law and the fulfilment of legal criteria. The most
important criteria is effectiveness.
Constitutive view: when a state is recognized as such by other states, it is a state.
Problematic because it is not possible to exist absolutely, only relatively.
Also problematic because we don’t know how many states have to recognize the state.
Montevideo criteria: a state possesses:
A permanent population: someone has to live on the territory, it doesn’t have to be a certain size.
A defined territory: there has to be a territory defined by authorities on a consistent area.
A government: someone must exercise control over the territory and be able to run the state and
make sure it’s able to fulfil its international obligations.
Leerdoelen:
Leerdoel 1: What is (interna land external) self-determination and what are the conditions thereof?
Leerdoel 2: Is a declaration of independence lawful under international law?
Leerdoel 3: Is secession lawful under international law?
Leerdoel 4: In which way is the succession of rights and duties of (new) states arranged?
Boek 1: International Law, hoofdstuk 4.2
Leerdoel 1: What is (interna land external) self-determination and what are the conditions thereof?
The right of self-determination: all peoples have a right to freely determine their political status and to
pursue their economic, social and cultural development.
Internal: people pursue their political, economic, social and cultural development within the
framework of an existing state.
External: the option of seceding, but this only appears in the most extreme of cases.
Controversial: people have the right to secede themselves from their state and create a new one.
Leerdoel 2: Is a declaration of independence lawful under international law?
Niet voorbij gekomen in dit boek.
Leerdoel 3: Is secession lawful under international law?
A mother state can consent to the secession of part of its territory, whereby the seceding entity can seek
to create an independent state.
Acquisition of new territory: a few ways:
Purchase territory from another state through cession.
The acquiring state cannot gain more rights to the territory than those that the ceding state had.
The acquiring must respect the potential rights of third states.
Accretion: new land is created by nature.
Erosion: the opposite of accretion. The disappearance of territory by natural forces.
The changes as referred to are called avulsion. Only when the change to the course of the river is
caused by accretion, the boundary will move between two states.
Occupation: a state can obtain title to territory that has never been the subject of any state, what is
called terra nullius.
Res communis: different to terra nullius, this refers to an area that is not subject to the legal title
of any state.
Title is obtained when a state exercises effective control over the territory.
Prescription: obtaining title to territory previously under the sovereignty of another state.
Is derived(=afgeleid) from a form of implied consent from the state whose rights are being
displaced.
Conquering new territory: the presence of the foreign state does not transfer any sovereignty. The
displaced sovereign loses de facto possession, but is does not lose de jure possession.
Leerdoel 4: In which way is the succession of rights and duties of (new) states arranged?
Declaratory view: the creation of states is a matter of law and the fulfilment of legal criteria. The most
important criteria is effectiveness.
Constitutive view: when a state is recognized as such by other states, it is a state.
Problematic because it is not possible to exist absolutely, only relatively.
Also problematic because we don’t know how many states have to recognize the state.
Montevideo criteria: a state possesses:
A permanent population: someone has to live on the territory, it doesn’t have to be a certain size.
A defined territory: there has to be a territory defined by authorities on a consistent area.
A government: someone must exercise control over the territory and be able to run the state and
make sure it’s able to fulfil its international obligations.
