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 15
·
What is membership of UN status of newly formed state by
separation?
o
When a new state is formed by separation from a member of United
Nations then the new state couldn’t claim the status of a member of the U.N.
unless it has been formally admitted as such in conformity with the provisions
of the Charter.
·
What is universal succession or continuity theory of state
succession?
o
Under the universal succession or the continuity theory, rights
and duties may still pass to States that have lost extensive portions of their
territories and/or have undergone radical changes in government as long as they
are considered to have inherited the essential legal identity of the former
member.
·
What is legal status of the universal successor?
o
The universal successor assumes the whole of the legal clothing of
the person to whom he succeeds; steps, as it were, into his shoes. He takes
over his rights and liabilities of every kind; his property (res singulae) and
iura in re aliena, the debts and other obligations (such as rights of action
for damages for breach of contract) owing to him, and the debts and obligations
which he owes
·
What is succession of International persons?
o
Oppenheim has stated that a succession of international persons
occurs when one or more international persons takes the place of another
international person, in consequence of certain changes in the latter’s
condition.
·
What is meant by ‘date of the succession of States’?
o
The Vienna Conventions simply state: 'date of the succession of
States' means the date upon which the successor State replaced the predecessor
State in the responsibility for the international relations of the territory to
which the succession of States relates.
·
Which issues must be addressed in a state succession?
o
succession of governments, particularly revolutionary succession,
and consequential patterns of recognition and responsibility.
·
What is general principle of riparian?
o
Under the riparian principle, all landowners whose properties
adjoin a body of water have the right to make reasonable use of it as it flows
through or over their properties.
·
What are the riparian rights?
o
The riparian rights include
§
right to access for swimming, boating and fishing;
§
the right to wharf out to a point of navigability;
§
the right to erect structures such as docks, piers, and boat
lifts;
§
the right to use the water for domestic purposes;
§
the right to accretions caused by water level fluctuations;
§
the right to exclusive use if the water-body is non-navigable.
·
How riparian rights are enforced?
o
Riparian rights are dependent on the fact of ‘reasonable use’ and
enforcement of riparian rights depends upon riparian owners to ensure that the
rights of one riparian owner are weighed fairly and equitably with the rights
of adjacent riparian owners.
·
What is a riparian nation?
o
nation across which, or along which, a river flows
·
Which convention governs riparian law?
o
United Nations Convention on the Non-Navigational Uses of
International Watercourses (UN Convention). Approved on May 21 1997
·
What is equitable utilization of watercourse?
o
Article 5 requires watercourse nations to utilize an international
watercourse in an equitable and reasonable manner with a view to attaining
optimal and sustainable utilization and benefits consistent with adequate
protection in the watercourse. This is equitable utilization of water course.
Thanks for reading till the end. Thanks
for reading till the end. Please share this article with all law aspirants,
students, and professionals.
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