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
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-part13.html
#BharatMataKiJay
==========
