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 8
·
What is the judicial status of constitutive theory?
o
The constitutive theory is a quasi-judicial authority. This duty
of States towards new international community to recognize as a new state is
similar to the duty under the Charter of United Nations for admission to the
U.N. under Art. 4
·
Why it is difficult to accept Lauterpacht's views?
o
It is difficult to accept Lauterpacht's views because
§
if it is a legal duty of States to recognize new states then there
is still an unanswered question ‘What is Sanction for this duty?’
§
the actions of State in recognising is yet uncontrolled by
Independent rules
§
the Declaration of Rights & Duties of' States 1949, does not
prescribe such a duty
§
It is the traditional theory that is largely in vogue, as a matter
of vital policy.
·
What are the perspectives of declaratory theory?
o
The perspectives of the declaratory theory are:
§
recognition is with-held for political reasons
§
There is the retroactive effect of recognition dating back to the
actual rising into existence of the State,
§
The courts, in respect of treaties, take into consideration not
the date of operation but the date of coming into existence of the State.
·
What is meant by retroactive effect?
o
Retro-active effect means especially of legislation taking effect
from a date in the past.
·
What is Podesta Costa's theory?
o
As per Podesta Costa's theory, recognition is Facultative and not
obligatory is more in accord with State practice. When recognition is granted
by States, they make it certain that the new State to be recognised had the
requisite legal qualifications. Only to this degree, the act of recognition is
a duty.
·
What is meant by a facultative decision?
o
Facultative decision means a decision taken optionally in response
to circumstances rather than by nature.
·
What are the consequences of recognition of a state?
o
The consequences of recognition of a State are:
§
The new State acquires the capacity to enter into relations with recognized
States and conclude treaties with them.
§
The new State gets the right to send & receive Ambassadors.
(Active & Passive Legation), These ambassadors are entitled to privileges
& immunities in these States,
§
Past treaties revive and come into force automatically.
§
The new State gets the right to sue in the recognising States.
§
It acquires for itself and for its property immunity from the
jurisdiction of the recognising States.
§
If it is a new successor State which is recognised, it becomes
entitled to demand and to receive possession of its predecessor's property
situated in the recognising States.
§
Recognition is retroactive and hence the courts of the
recognising States are not to question the legality of the acts (past &
future) of the New State.
·
What is de facto recognition of a State?
o
De facto recognition of a state is purely provisional or temporary
and it can be withdrawn if the existing circumstances show that the new community
is no longer holding the power and status.
·
What are the effects of de facto recognition of a State?
o
De facto recognition of a State is
§
Provisional and temporary
§
If a new community is not holding power it can be withdrawn
§
It deals with factual status
§
It is generally granted looking to the developments as regards insurgents
capacity and establishment.
Thanks for reading till the end. Thanks
for reading till the end. Please share this article with all law aspirants,
students, and professionals.
============
#PublicInternationalLaw #OneLinerNotes #StudyMaterial
#ExamPreparation #QnA #ShortQuestionAndAnswer
https://notesdynamo.blogspot.com/2021/12/pil-qna-part7.html
#BharatMataKiJay
==========
No comments:
Post a Comment