Wednesday, 22 December 2021

Short Q and A on Public International Law: Part 15

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.


 

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