Recognition of a state is primarily based on which two theories?

Constitutive Theory and Declaratory Theory.

Fill in the blank: The legal effects of state recognition include the capacity to enter into ___ and to enjoy the rights of international statehood.

Treaties

True or False: De Facto recognition grants full rights and obligations to a state.

False. De Facto recognition is provisional and grants limited rights.

What is the significance of the principle 'pacta sunt servanda' in international treaties?

It mandates that treaties must be performed in good faith.

Fill in the blank: Under the Montevideo Convention, a state must have a ___ population and a definite ___ to be recognized.

Permanent; territory

True or False: A state can become a member of the United Nations Organization without being recognized by other states.

False. Recognition is a prerequisite for UN membership.

What is the difference between De Facto and De Jure recognition?

De Facto recognition is provisional and may be conditional, while De Jure recognition is full and permanent.

Fill in the blank: The Estrada Doctrine promotes recognition based on ___ existence rather than legitimacy.

De facto

Explain the term 'jus cogens' in international law.

Jus cogens refers to peremptory norms of international law that cannot be derogated, such as prohibitions against slavery and torture.

What are the two types of asylum mentioned?

Territorial Asylum and Extra-territorial Asylum.

Fill in the blank: The process of returning an accused person to the country where the offense occurred is known as ___ .

Extradition

True or False: The principle of double jeopardy applies to extradition cases.

True. It states that a person cannot be tried for the same offense after being punished.

What does the term 'rebus sic stantibus' signify in international treaty law?

It allows for the termination of treaties due to fundamental changes in circumstances.

Fill in the blank: The Vienna Convention on the Law of Treaties was adopted in ___ and came into force in ___.

1969; 1980

Explain the concept of statelessness.

Statelessness occurs when individuals are not recognized as nationals by any state, leading to a lack of access to basic rights and protections.

What conditions must a new government fulfill for recognition according to the Tobar Doctrine?

The new government must have effective control over its territory and be established through legitimate democratic means.

Fill in the blank: Asylum seekers may apply for protection due to ___, conflict, or persecution in their home countries.

War

True or False: Treaties can be invalidated under the Vienna Convention if they violate peremptory norms.

True. Treaties that violate peremptory norms are considered void.

What is the legal framework governing asylum seekers as per international law?

It includes the Universal Declaration of Human Rights, the Vienna Declaration on Human Rights, and the Convention on Political Asylum.

Fill in the blank: Extradition requests are generally based on the principle of ___, requiring that the offense be recognized as a crime in both requesting and territorial states.

Double criminality

What role do treaties play in international law?

Treaties serve as a fundamental source of international law, promoting peace, security, and cooperation among states.

The recognition of a state under international law requires acknowledgment of four essential characteristics. Name these characteristics.

1. Permanent population, 2. Defined territory, 3. Government, 4. Capacity to enter into relations with other states.