LAWS 2601 Lecture Notes - Lecture 4: Legal Personality, Montevideo Convention, Ipso Facto
21 Aug 2017
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Contexts in which international legal personality is important: capacity to make claims under il, i. e. What is your mandate: capacity to enter into valid treaties, i. e. Statehood montevideo convention (1933: population (permanent/stable/territorial, no minimum number of permanent residents required, ex. Nauru & liechtenstein recognized as individual & independent states: need not be nationals of state, population must be regular, stable & permanent, territory (delimited/controlled, no minimum size required, need not be unitary or contiguous, ex. Alaska isn"t connected to the us mainland: some territory must be effectively controlled, effective government (control of population & territory, absence of independent control may not be fatal (decolonisation, no particular type of government required. Laws2601 session 4: sometimes humanitarian issues arise, the int"l community may move collectively to enforce non-recognition of a state, ex. Rhodesia violation of sd: presumption of continuance maintains statehood if this criterion disappears, even if a state fails, the sovereignty of the state remains inviolable, ex.
