PowerPoint Presentation

States, Nationality, and Statelessness.

Definition of Terms. States – are entities that have rights and responsibilities under international law and which have the capacity to maintain their rights by bringing international claims..

States.

California Alaska Idaho Nevada Utah Arizona Montana ing Colorado New Mexico North Dakota Minnesota- South Dakota Nebraska Kansas Oklahoma Texas Isconsin Iowa lichigan Illinois Indiana Ohio Missouri New York Pennsylvan ia Virginia Arkansas Kentucky Tennessee North Carolina South Carolina Alabama Mississippi eorgia Louisiana Iorida.

States. The elements of a state are as follows: permanent population, defined territory, government, and capacity to enter into relations with other states (Article 1, Montevideo Convention)..

Elements of a state. Capacity to enter relations with other states 4 Defined territory 2 Government 3 Permanent population 1.

States. The population being pertained to does not have to be homogeneous racially, ethically, tribally, religiously, linguistically, or otherwise. It must be a settled population, though the presence of certain inhabitants who are traditionally nomadic does not matter (Aust, 2010). As to the territory, the size would not matter nor its boundaries be defined definitively..

States. Anent the government, a central one operating as a political body within the law of the land and in effective control of the territory is required. Lastly, the government must be sovereign and independent so that within its territory, it is not subject to the authority of another state. In this regard, the state will have full capacity to enter into relations with other states..

States. State are created through the following (1) discovery and occupation ; (2) prescription; (3) cession ; (4) accretion ; and (5) conquest . Discovery and occupation occurs when a territory belonging to any state is placed under the sovereignty of the claiming state. Prescription is when a territory is acquired through continuous and uninterrupted possession over a long period of time..

States. Cession involves the peaceful transfer of territory from one sovereign to another, with the intention that sovereignty should pass. (Shaw, 2008. Accretion is the increase in the land area of the state, either through natural means, or artificial through human labor. In conquest, the act of defeating an opponent and occupying all or parts of territory does not of itself constitute a basis of title to the land..

States. It gives the victor certain rights under international law as regards the territory, the rights of belligerent occupation, but the territory remains subject to the legal title of the ousted sovereign (Shaw, 2008)..

State Recognition.

State Recognition. State recognition is an act by which a state acknowledges the existence of another state, government, or belligerent community and indicates its willingness to deal with the entity as such under the rules of international law ( Nachura 2016)..

State Recognition. State recognition is a political act and mainly a matter of policy on the part of each state. It is discretionary on the part of the recognizing authority. It is exercised by the political department of the state. The integration of a new state in the international community does not take place automatically, but through co-operation , that is by individual and collective recognition on the part of already existing states (Sarmiento, 2009).

State Recognition. The principle of state continuity is being followed wherein once the identity of a state as an international person has been fixed and it’s position in the international community established, the state continues to be the same corporate person whatever changes may take in its integral organization and government (Sarmiento, 2009)..

Landmark Doctrines in State Recognition.

Wilson/ Tobar Doctrine. This doctrine precludes the recognition of governments established by revolution, civil war, coup d'état, or other forms of interval violence until the freely elected representatives of the people have organized a constitutional government (Sarmiento, 2009).

Betancourt Doctrine. This doctrine pertains to denial of diplomatic recognition to any regime, right or left, which came to power by military force (Sarmiento, 2009)..

Lauterpacht Doctrine. This doctrine precludes the recognition of an entity which is not legally a State as it constitutes an abuse of the power of recognition. It acknowledge a community which is not, in law, independent and which does not therefore fulfill the essential conditions of statehood as an independent state (Sarmiento, 2009).

Stimson Doctrine. This doctrine precludes the recognition of any government established as a result of external aggression ( Nachura , 20116).

Rights of States.

Rights of States. The rights of states are as follows: jurisdiction , equality , individual or collective self-defense . Independence , and legation ..

Rights of States. The right to Independence means freedom from control by other state or group of states and not freedom from the restrictions that are binding on all states forming the family of nations and carries with it by necessary implication the correlative duty of non-intervention ( Nachura , 2016)..

Rights of States. Intervention is an act by which a state interferes with domestic or foreign affairs of another state through the employment of force or threat of force which may be physical, political, or economic ( Nachura , 2016).

Rights of States. The right of equality is underpinned in the doctrine of equality of states which provides that all states are equal in international law despite of their obvious factual inequalities as to size, population, wealth, strength, and degree of civilization..

Rights of States. In effect, when a question arises which has to be settled by consent, every state has a right to one vote only. The vote of the weakest state has a much weight as the vote of the most powerful. The courts of one state do not as a rule question the validity of the official acts of another state insofar as those acts purport to take effect within the latter’s jurisdiction (Sarmiento, 2009)..

Rights of States. The right to existence and self-defense provides that a state may take measures including the use of force as may be necessary to counteract any danger to its existence (Article 51, UN Charter). Aggression pertains to the use of political independence of another state, or in any other manner inconsistent with the Charter of the United Nations (Article 1, UN General Assembly Resolution No. 3314)..

Rights of States. For a proper exercise of self-defense, the following must exist: (1) an armed attack occurred against a member of the UN; (2) it must be confined to cases in which the necessity of self-defense is instant, overwhelming and leaving no choice of means and no moment for deliberation ; (3) measures taken must be limited by that necessity and kept clearly and kept clearly within it; and (4) must give way to measures that may be taken by the UN Security Council to maintain international peace and security (Article 51, UN Charter)..

Rights of States. Collective self-defense pertains to the rights of states to come to the defense of another state whose situation meets the condition of legitimate individual self-defense (Article 51, UN Charter). Anticipatory self-defense is when the use of force in anticipation of an attack is deemed legal if made in good faith, depending on the circumstances of imminent danger..

Rights of States. The right to territorial integrity and jurisdiction encompasses the right of the state to its terrestrial, maritime and fluvial, aerial and space covered by its territory. The right to legation pertains to the right of the state to send and receive diplomatic missions, which enable states to carry on friendly intercourse..

Nationality.

Nationality. Nationality is a legal bond having as its basis a social fact of attachment, a genuine connection od existence, interests, and sentiments, together with the existence of reciprocal rights and duties ( Nottebohm Case Liechtenstein v. Guatemala, 1955 ICJ 4)..

Nationality. It is for each state to determine under its own rules who are its nationals. This law shall be recognized by others states insofar as it is consistent with international conventions, international customs, and the principles of law generally recognized with regard to nationality..

Nationality. Under the UN Declaration of Human Rights, everyone, everyone has a right to a nationality and that no one is to be arbitrarily deprived of their nationality or denied the right to change their nationality. Multiple nationalities may exist when an individual possesses more than one nationality and was acquired as the result of concurrent application to him or her the conflicting national laws of two or more states claiming him as their national..

Nationality. In the Philippines, nationality can be acquired through birth, naturalization, repatriation, subjugation, and cession. It can be lost through release, deprivation, renunciation, and substitution..

Statelessness.

Statelessness. Statelessness pertains to the status of having no nationality as a consequence of being born without ant nationality or as result of deprivation or loss of nationality ( Nachura , 2016). Statelessness adversely affects of a state, such as employment, right to work, right to property, right to education, among others..

Statelessness. Also, any wrong or injury suffered by a stateless person through the act or omission of a state would be damnun absque injuria (“loss or damage without injury”) for in theory, no state has been offended and no international delict committed..

Statelessness. International conventions provides that statelessness individuals are to be treated more or less like the subjects of a foreign state. The Philippines has nether signed nor ratified the 1961 Convention on the Recognition of Statelessness..

Statelessness. It is provided in this Convention that contracting state shall grant its nationality to a person born in its territory who would otherwise be statelessness (Article 41, Convention on the Recognition of Statelessness) and a contracting state shall grant its nationality to a person, not born in the territory of a contracting state, who would otherwise be stateless, if the nationality of one of his parents at the time of the person’s birth was that of that State (Article 4, Convention on the Recognition of Statelessness..

Refugees.

Refugees. A refugee is a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country..

Refugees. It includes stateless persons who are outside the country of his habitual residence and is unable or, owing to such fear is unwilling, to return to it (Par. A (2), Article 1, Convention Relation to the Status of Refugees). The Convention Relating to the Status of Refugees provides that states have an obligation to treat a person as a refugee, without any discretion, and afford the rights due to them..

Refugees. The principle of non- refoulment is a principle wherein in addition to not returning the refugee to his/her own state, he/she must not be sent to a third state if his/her life or freedom would there be threatened on account of his/her race, religion, nationality, membership of a particular social group or social opinion (Par. 1, Article 33, Convention Relating to the Status of Refugees)..

Refugees. Exceptions to this principle is when there are reasonable grounds for regarding the refugee as a danger to the security of the state; or having been convicted of a particularly serious crime, constitutes a danger to the community of the state (Par. 2, Article 33, Convention relating to the Status of Refugees)..

Refugees. Salient rights of refugees are as follows: non-discrimination, wage-earning employment, free access to courts, duty of non- refoulment of states, self-employment, housing, freedom of religion, among others..