Wednesday, 22 December 2021

Short Q and A on Public International Law: Part 14

Vande Matram!

These are some one-liner notes on Public International Law. Read them carefully and note them for your knowledge.

Short Q and A on Public International Law: Part 14


·         What are the methods of resolving any dispute by Security Council?

o   Security Council implements following methods for resolving any dispute:

§  explores the possibility of a peaceful resolution

§  International peacekeeping forces may be authorized to keep warring parties apart pending further negotiations

§  If the council finds that there is a real threat to the peace, a breach of the peace, or an act of aggression it may call upon UN members to apply diplomatic or economic sanctions.

§  If these methods prove inadequate, the UN Charter allows the Security Council to take military action against the offending nation.

·         Which convention governs succession of state?

o   Vienna Convention on Succession of States in Respect of Treaties, 1978 in short 1978 Vienna Convention

o   Vienna Convention on Succession of States in Respect of State Property Archives and Debts, 1983 in short 1983 Vienna Convention

·         What is definition of State Succession?

o   Article 2 (1)(b) of 1978 Vienna Convention defines state succession as “the replacement of one state by another in the responsibility for the international relations of territory”

·         What are the possible occurrences of state succession?

o   decolonization, unification, and separation

·         What is decolonization?

o   Decolonization is the accession to independence of a nonmetropolitan territory. E.g. Independence of India

·         What is unification?

o   Unification of states is the merger of two or more states into a new entity.

·         What is absorption?

o   In unification of states the predecessor states usually disappear; if not, one of them continues to exist and the case is referred to as absorption.

·         What is separation of state?

o   Separation is the creation of the successor state(s) while the predecessor state continues to exist. E.g. India-Pakistan partition

·         What is dismemberment?

o   Dismemberment is akin to separation, but all states disappear and two or more states are created.

·         What is the main agenda of 1983 Vienna Convention?

o   It deals with three topics—Debts, State Property, and Archives—and expressly reserves the application of international agreements regarding debts.

·         What are the four categorical headings of dealing in state succession?

o   As per International Law Commission State Succession can be dealt under these four categorical headings:

§  Treaties

§  State property, State debt and State archives

§  Membership to international Organizations

§  State succession and its impact on the nationality of natural and legal persons

·         Which conventions provides for status of treaties in state succession?

o   Vienna Convention on Succession of States in Respect of Treaties, 1978 also called Vienna I

·         Which conventions provides for bifurcation of state properties, debt and archives in state succession?#

o   the Vienna Convention on Succession of States in Respect of State Property Archives and Debts, 1983 also called Vienna II

·         What is tabula rasa or clean state doctrine?

o   The option of simply denying State succession to treaties, known as the tabula rasa or clean slate doctrine


 

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