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Genially on States: Powers and Authority lecture

Aranza Aranda Guerra 00464685 International Law

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Principles of international law governing

Montevideo Convention of 1933, Statehood principles: 1) permanent population, 2) defined territory, 3) government,4 ) capacity to enter into relations with other states.

Applies to all peoples but primarily allows for the independence of colonies and territories denied a role in their governance. It highlights the significance of recognition in international law, which enables states to engage in legal actions and grants sovereign immunity.It highlights the significance of recognition in international law, which enables states to engage in legal actions and grants sovereign immunity.

Right to self-determination

Occurs when one state's territory comes under the authority of another. (principles governing state succession, including the need for equitable agreements between predecessor and successor states) Example: The dissolution of the USSR and the breakup of Yugoslavia.

State succession

Jurisdiction is based on the location where the crime is committed. This is the most common principle and applies to any crime occurring within a state's territory.Territory: A defined geographical area over which the state exercises control and sovereignty. This includes land, water, and airspace.

Territorial Principle

A group of people who reside within the territory of the state. The population can be composed of nationals (citizens) and non-nationals (foreigners). A state has jurisdiction over its nationals for crimes committed anywhere in the world, regardless of where the crime occurs.

Nationality Principle/ Population

An organized political authority that exercises control and authority over the territory and population. The government is responsible for creating and enforcing laws, maintaining order, and conducting foreign relations.A state can exercise jurisdiction over foreign nationals for acts committed outside its territory that threaten its security or national interests

Protective Principle/ Government

The ultimate authority of the state to govern itself without external interference. This includes both internal sovereignty (control over domestic affairs) and external sovereignty (recognition by other states and the ability to engage in international relations).Certain crimes, such as piracy, are considered offenses against the international community, allowing any state to exercise jurisdiction regardless of where the crime occurred or the nationality of the perpetrator.

Universality Principle/ Sovereignty

While not a formal element, recognition by other states and international organizations is crucial for a state's legitimacy and ability to participate in the international community.A state can claim jurisdiction over crimes committed against its nationals, even if the crime occurs outside its territory.

Passive Personality Principle/ Recognition

How do you think that those elements should change in order to have a better government in the future?Try to find a balance and mostly respect the other elements of the pother states, most of the wars start because on state does not respect the other's elements.

Thankyou

Bibliography: Grant, J. (2010). International Law Essentials. Edinburgh University Press. ProQuest Ebook Central.