11 Ocak 2012 Çarşamba

FAO International Relations Students: EXAM TIPS

For the Attention of the Second and Third Year Students of the EU Department of International Relations,

Some tips for the forthcoming final examination of International Law-I:

RECOGNITION OF STATES AND GOVERNMENTS:

Preliminary remarks on the political nature of recognition: what is recognition? What purpose does it serve? Why is it legally important? (internationally and domestically)

General remarks on recognition of states in international law: What are the theories of recognition? What are the explicit and implied recognition, and collective recognition? What are the effects of recognition in international law?

On the recognition of governments: What are the approaches to the recognition of governments: briefly talk about the objective and subjective approaches, the Estrada doctrine and the de facto and de jure recognition of governments.

THE DOCTRINE OF SOVEREIGN EQUALITY OF STATES:

The three aspects of sovereignty: internal, external and territorial

The two fundamental principles that can be derived from the concept of sovereignty: the equality of states and non-intervention

What are the doctrine of equality of states and its legal consequences?

What is the duty to refrain from intervention?

What is domestic jurisdiction?

THE MODES OF ACQUISITION OF TERRITORY:

A short introduction to the traditional modes of acquiring 'title' to territory

The meaning of the term, terra nullius

The need to renew title - the doctrine of intertemporal law

Problems with the traditional modes of acquisition

The Possible displacement of the traditional modes of acquisition

Talk about new factors which are now taken into account as being more consonant with the present circumstances and values of modern international law

THE TYPES OF JURISDICTION:

What is Jurisdiction?

Categories of Jurisdiction: to prescribe, adjudicate and enforce... (The Restatement (third) of the Foreign Relations Law of the United States)

Lotus-Bozkurt (1927)

1935 Harvard Law School's Research Draft Convention on Jurisdiction with respect to Crime: the Territorial principle, the Nationality principle, the Protective principle, the Passive personality principle and the Universality principle. Give some examples for each principle.

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