ULUSLARARASI KAMU HUKUKU I

In 1961, the General Assembly established the Special Committee on Decolonization (the Committee of 24) to assist in the implementation of Resolution 1514.

Article 6 of the 1933 Montevideo Convention declares that de jure recognition is “unconditional and irrevocable.”

The principle of uti possidetis was developed in the 19th century when the Spanish America was decolonized.

The principle, as enshrined in Resolution 1514, had not been extended beyond the then existing colonies under the minority White régimes. The post-colonial States are reluctant to allow their minorities to exercise the right of self-determination, as it is disruptive to national integrity and international security. Thus, the Biafrans (in Nigeria), the Somalis (in Kenya), and the Tamilians (in Sri Lanka) have been denied this right so far.

The first example of an international organization is the Central Commission for Navigation on the Rhine (CCNR), which was created in 1815 by the Congress of Vienna.

Piracy (piracy jure gentium): Any illegal act of violence, detention, or robbery committed on a private ship for personal gain or revenge, against another ship, people, or property on the high seas. Piracy may also be committed on or against an aircraft (Martin, 2003: 367).

In 1990’s, two international criminal tribunals were established to deal with crimes that resulted mainly from internal armed conflicts to prosecute and punish those involved in serious violation of international humanitarian law, regardless of their official position. In May 1993, the Security Council constituted the International Criminal Tribunal for the former Yugoslavia, followed by the International Criminal Tribunal for Rwanda in November 1994. The Special Court for Sierra Leone was established in January 2002

In contrast to the constitutive theory, the declaratory theory (also called evidentiary theory) considers that a new state or a new government exists independent of recognition.

The doctrine of non-recognition, commonly called the Stimson Doctrine of non-recognition, implies the withholding of recognition from new territorial titles or territorial changes brought out by use of force or through any other act of doubtful character. The idea behind the doctrine is not to reward a state for its unlawful acts

In case of de jure recognition, in the opinion of the recognizing state, the new state or government fulfils all the attributes essential for its effective participation in the international community, and it may grant the recognition to the latter formally.

For Statehood, “the existence of a permanent population is naturally required and there is no specification of a minimum number of inhabitants, as examples such as Nauru and Tuvalu demonstrate”. However, the lack of a permanent population (i.e., the shifting element in population such as the nomad tribes on the KenyanEthiopian border), or non-existence of fixed boundaries are not enough to affect the existence of a state. The State practices as well as the judicial and arbitral decisions have clearly establish that it is not necessary for an entity to have exactly defined or undisputed boundaries to be a state either at the time when it comes into existence or subsequently. Therefore, the correct option is B.

In 1972, the General Assembly Resolution 2908 (XXVII) extended the ambit of the principle of selfdetermination to “freedom movements,” targeted against foreign subjugation. The Resolution 1514, however, proposes the application of the right of self-determination within the existing colonial boundaries. The Frontier Disputes case (1986) between Burkino Faso and Mali confirms that the principle of self-determination now forms part of the customary international law. In Africa particularly, it is subject to the principle of uti possidetis in accordance with Paragraph 6 of the Resolution, which states “any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the Purposes and Principles of the Charter of the United Nations.” Therefore, the correct option is A.

In certain cases, some small states accept the protection of other states without destroying their sovereignty. Such arrangements exist for Liechtenstein (as stated above), Monaco (under the protection of France by the 1918 treaty between Monaco and France), and San Marino (under the protection of Italy). The States in this category, though under the protection of other states, are not protectorates in the sense the term is associated with the underdeveloped and exploited territories. Therefore, the correct option is D.

Like the protectorate, which is now a dying species, the mandate system of the League of Nations no longer applies to any territory. The mandate system was created after the First World War under Article 22 of the Covenant of the League of Nations to deal with the future administration of the overseas possessions of the “Axis” states of Germany and the Ottoman Empire. Three categories of mandates (A, B and C) were devised for those territories “according to the stage of their development”. Therefore, the correct option is E.

Three categories of mandates (A, B and C) were devised for those territories “according to the stage of their development” (Art. 22 of the Covenant of the League). Class A comprised territories that were formerly part of the Ottoman Empire and were sufficiently advanced for their independence to be “provisionally recognized.” It was subject to the administrative advice and assistance of the Mandatory, “until such time as they were able to stand alone.” Except Iraq (Mandatory—Great Britain), which achieved early independence, all the territories under this category—Palestine and Transjordan (Mandatory—Great Britain), Syria and Lebanon (Mandatory—France) became independent only after the Second World War. Therefore, the correct option is C.

The most important characteristic of the international personality of an entity is its treatymaking power. The treaty-making power of international governmental organizations is well entrenched in the United Nations practice. The 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations confirms that governmental organizations have the capacity to enter into treaties. Therefore, the correct option is B.

Sine qua non: a  necessary  condition  without which something is not  possible. Therefore, the correct option is E.

According to the constitutive theory, an entity becomes a state only by virtue of recognition. It is through the act of recognition alone that a new state emerges as an international person or a new government derives the requisite authority or status in the international arena. Therefore, the correct option is B.

Coup d’etat: sudden defeat of a government through illegal force by a small group, often a military one. Therefore, the correct option is C.

Once de jure recognition is granted to a state or a government, it cannot be withdrawn unless the state has ceased to exist or the government has been replaced by another authority. However, de facto recognition may be withdrawn if there is any doubt about the new régime’s ability or the new régime ceases to exist. However, de facto recognition is not always tentative or revocable. It can be substituted by de jure recognition when the recognizing government is satisfied about the stability and permanence of the new régime. Therefore, the correct option is A.