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CONCEPT of STATEHOOD in UNITED NATIONS PRACTICE * ROSALYN COHEN T
1961] THE CONCEPT OF STATEHOOD IN UNITED NATIONS PRACTICE * ROSALYN COHEN t The topic of "statehood under international law" has long been a favorite with jurists. The problem of what constitutes a "state" has been extensively examined and discussed, but all too often in absolutist terms confined to drawing up lists of criteria which must be met before an entity may be deemed a "state." The very rigidity of this approach implies that the term "state" has a fixed meaning which provides an unambiguous yardstick for measuring without serious fear of error, the existence of international personality. The framework of examination being thus constricted, traditional inquiry has endeavored to meet some of its inadequacies by ancillary discussions on the possi- bility of a "dependent state" in international law, of the desirability of universality in certain organizations set up by the international com- munity, and of the rights of peoples to national self-determination. It would appear, however, that these questions, far from being ancillary, are integral to any discussion of "statehood." Even the language of the law-or perhaps especially the language of the law-contains ambiguities which are inherent in any language system, and the diffi- culties presented by this fact can only be resolved by an analysis which takes full cognizance of the contextual background. Thus, when ex- amining what is meant by the word "state," an appraisal of the com- munity interests which will be affected by the decision to interpret it in one way rather than in another is necessary. Discussions, for example, of whether a "dependent state" can exist under international law become meaningless unless there is first an examination of whether the community of nations would find it appropriate, in the light of its long range objectives, to afford the rights which follow from "state- hood" to entities fettered by restrictions which impair their independ- ence. -
Country Coding Units Version 3 (December 2014)
Country Coding Units Version 3 (December 2014) Principal Investigators Research Assistant Michael Coppedge – U. of Notre Dame Vlad Ciobanu – U. of Gothenburg John Gerring – Boston University Staffan I. Lindberg –U. of Gothenburg Jan Teorell – Lund University Suggested citation: Coppedge, Michael, John Gerring, Staffan I. Lindberg, Jan Teorell, Vlad Ciobanu. 2014. “Varieties of Democracy: Country Coding Units v3.” Varieties of Democracy (V-Dem) Project. 1 This document lists (a) every country in the eventual V-Dem database, (b) the years for which we have collect data or plan to collect data (in parentheses next to the entry); (c) the polities that comprise each country’s 20th century history (even if falling outside the time-period that we wish to code); and (d) the borders of each country (wherever this might be unclear). Many dates are approximate due to the inconclusive nature of a country’s history. Note that changes in sovereignty often occur by stages, and marking these stages with specific dates can be challenging. General sources for compiling this document include Wikipedia and Statesman.org. Additional sources, along with notes pertaining to specific countries, empires, and federations are contained in a separate document: “Countries, Empires, Elections (misc notes)” “Country” A V-Dem “country” is a political unit enjoying at least some degree of functional and/or formal sovereignty. This means that fully sovereign nation-states as well as colonies and protectorates and semi-autonomous administrative districts may qualify as countries. A territory must claim sovereignty at some point in its history in order to qualify. Thus, Somaliland qualifies but not Puntland. -
Sovereignty, Statehood, Self-Determination, and the Issue of Taiwan Jianming Shen
American University International Law Review Volume 15 | Issue 5 Article 4 2000 Sovereignty, Statehood, Self-Determination, and the Issue of Taiwan Jianming Shen Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the International Law Commons Recommended Citation Shen, Jianming. "Sovereignty, Statehood, Self-Determination, and the Issue of Taiwan." American University International Law Review 15, no. 5 (2000): 1101-1161, This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. SOVEREIGNTY, STATEHOOD, SELF- DETERMINATION, AND THE ISSUE OF TAIWAN JIANMING SHEN* INTRODUCTION ............................................. 1102 I. TAIWAN'S ATTRIBUTES AND THE NATURE OF THE TAIW AN ISSUE .................................... ..... 1104 A. HISTORICAL BASIS FOR CHINA'S SOVEREIGNTY OVER T A VAN ................................................ 1105 B. LEGAL BASES FOR CHINA'S SOVEREIGNTY OVER TAIWAN 1109 1. Historic Title as a Legal Basis ....................... 1109 2. Invalidity of the Shimonoseki Treat ................. 1110 3. Legal Effects of the Cairo/Potsdam Declarations..... 1112 4. The 1951 San Francesco Peace Treat ' ................ 1114 5. The 1952 Peace Treat ,............................... 1116 C. INTERNATIONAL RECOGNITION OF CHINA'S SOVEREIGNTY OVER TAIW AN ........................................... 1117 1. PRC's Continuity of the ROC and Its Legal Effects ... 1117 2. Recognition by 160+ States .......................... 1121 3. Recognition by hternationalOrganizations .......... 1122 4. Significance of the General Recognition Accorded to the P R C ............................................. -
Small States & Territories, Vol. 2, No. 2, 2019, Pp. 183-194 Oecusse And
Small States & Territories, Vol. 2, No. 2, 2019, pp. 183-194 Oecusse and the Sultanate of Occussi-Ambeno: Pranksterism, misrepresentation and micronationality Philip Hayward School of Communications University of Technology Sydney Australia [email protected] Abstract: Occussi-Ambeno, a fictional sultanate initially conceived by Aotearoan/New Zealander anarchist artist Bruce Grenville in 1968 and represented and developed by him and others over the last fifty years, is notable as both an early example of a virtual micronation (i.e. a type that does not attempt to enact itself within the physical territory it claims) and as an entity affixed to an entire pre-existent territory (in the case of the Sultanate of Occussi- Ambeno, that of Oecusse on the north-west coast of the island of Timor). The latter aspect is pertinent in that however imaginary the micronation is, its association with a region of a small state raises questions concerning the ethics of (mis)representation. This is particularly pertinent in the case of Oecusse, which was occupied by Indonesian forces in 1975 and had its distinct identity subsumed within the Indonesian state until Timor-Leste (and Oecusse as its exclave) successfully gained independence in 2002. Discussions in the article compare the anarcho- pranksterist impulse behind the creation of the Sultanate of Occussi-Ambeno and its manifestation in visual media – primarily through the design and production of ‘artistamps’ (faux postage stamps) – to related economic and socio-political contexts. Keywords: artistamps, Indonesia, micronation, misrepresentation, Occussi-Ambeno, Oecusse, Portugal, Timor, Timor Leste © 2019 – Islands and Small States Institute, University of Malta, Malta. -
Statistical Territories of the World for Use in International Merchandise Trade Statistics
ST/ESA/STAT/SER.M/30/Rev.3 Department of Economic and Social Affairs ● Statistics Division Studies in Methods Series M, No. 30, Rev. 3 ____________________________________________________________ Statistical Territories of the World for use in International Merchandise Trade Statistics ____________________________________________________________ United Nations ● New York, 2000 NOTE The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Copyright © United Nations 2000 All rights reserved CONTENTS Paragraphs Page Introduction 1-14 1 List of questions 4 Explanation of concepts used in or related to the questionnaire 8-14 5 Statistical territories of the world 8 ANNEX Agencies and persons responsible for the completion of the statistical territories questionnaire 76 iii INTRODUCTION 1. The United Nations Statistical Commission at its twenty-ninth session (11-14 February 1997) decided that a revision of Customs Areas of the World should be one of the priorities in methodological work in the area of international trade statistics. 1 Following this decision of the Commission, the United Nations Statistics Division (UNSD) conducted a survey of countries to collect information regarding their statistical territories. 2. In cooperation with members of the Task Force on International Trade Statistics, 2 UNSD developed a special questionnaire which was sent to countries on 11 May 1999. By May 2000, 128 countries had responded. 3. This publication contains a list of the questions which were contained in the questionnaire; an explanation of concepts used or related to the questions; country responses 3 organized in alphabetical order; and an annex listing agencies and persons responsible for completion of the questionnaire. -
Missionary Politics of the Austro-Hungarian Empire in the 19Th Century in Albanian Geography
International Journal of New Technology and Research (IJNTR) ISSN: 2454-4116, Volume-4, Issue-6, June 2018 Pages 88-94 Missionary Politics of the Austro-Hungarian Empire in the 19th century in Albanian Geography Dibran Vataj, Shkëlqim Gashi Balkan nations. XIX. In the last quarter of the century, many Abstract— XIX. Century, for Albanian geography is a period Balkan nations, including Albanian geography, began to rise of irreversible. The source of the changes that took place in this up against the Ottoman state.Political developments in the century was the European states, which led to the beginning of a Balkan geography and the uprisings against the Ottoman process involving not only the Albanian people but all the State accelerated the process of establishing the Balkan Balkan nations. In this paper, it is said that the period of the XIX. Century, the missionary activities of the states.Balkan lands controlled for centuries by the Ottoman Austro-Hungarian Empire, especially in the territory of Empire, XIX. In the 19th century, they started to separate Albania. In addition, relations between Albania and the themselves from the influences of the "nationalism" Ottoman Empire and the region, the political and cultural movement and the uprisings that took place. This process is situation of the XIX.Century will be discussed. The religious also called by the Balkan nations as the "Nationalist Period". and linguistic missions of the Austro-Hungarian Empire with Despite the fact that most of the Albanian people were Catholic priests in Albanian geography will also be the subject of this work. Supports made by the Austro-Hungarian state to Muslims, there was a social structure that was intertwined the Albanian State will be discussed in the discussion part of the with the Christian segment. -
Protocol Between the European Community, the Swiss
18.6.2011 EN Official Journal of the European Union L 160/39 PROTOCOL between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland THE EUROPEAN COMMUNITY and THE SWISS CONFEDERATION and THE PRINCIPALITY OF LIECHTENSTEIN, hereinafter referred to as the ‘Contracting Parties’, HAVING REGARD TO the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland signed on 26 October 2004 ( 1 ) (hereinafter referred to as the ‘Agreement between the European Community and Switzerland’), RECALLING that Article 15 thereof provides for the possibility of the Principality of Liechtenstein acceding to the Agreement between the European Community and Switzerland by way of Protocol, CONSIDERING the geographical situation of the Principality of Liechtenstein, CONSIDERING the wish of the Principality of Liechtenstein to be associated to the Community legislation covering the Dublin and Eurodac Regulations (hereinafter referred to as the ‘Dublin/Eurodac acquis’), WHEREAS the European Community, on 19 January 2001, concluded an agreement with the Republic of Iceland and the Kingdom -
The Peace of Augsburg in Three Imperial Cities by Istvan
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Waterloo's Institutional Repository Biconfessionalism and Tolerance: The Peace of Augsburg in Three Imperial Cities by Istvan Szepesi A thesis presented to the University Of Waterloo in fulfilment of the thesis requirement for the degree of Master of Arts in History Waterloo, Ontario, Canada, 2016 © Istvan Szepesi 2016 I hereby declare that I am the sole author of this thesis. This is a true copy of the thesis, including any required final revisions, as accepted by my examiners. I understand that my thesis may be made electronically available to the public. ii Abstract In contrast to the atmosphere of mistrust and division between confessions that was common to most polities during the Reformation era, the Peace of Augsburg, signed in 1555, declared the free imperial cities of the Holy Roman Empire a place where both Catholics and Lutherans could live together in peace. While historians readily acknowledge the exceptional nature of this clause of the Peace, they tend to downplay its historical significance through an undue focus on its long-term failures. In order to challenge this interpretation, this paper examines the successes and failures of the free imperial cities’ implementation of the Peace through a comparative analysis of religious coexistence in Augsburg, Cologne, and Nuremberg during the Peace’s 63- year duration. This investigation reveals that while religious coexistence did eventually fail first in Nuremberg and then in Cologne, the Peace made major strides in the short term which offer important insights into the nature of tolerance and confessional conflict in urban Germany during the late Reformation era. -
Constitution of the Principality of Liechtenstein of 5 October 1921
Constitution as adopted in LGBl. 1921 No. 15 issued on 24 October 1921 and amended LGBl. 2003 No. 101 - issued on 15 September 2003 LGBl. 2005 No. 267, LGBl. 2007 No. 346, LGBl. 2008 No. 145, LGBl. 2009 No. 227, LGBl. 2010 No. 372, LGBl. 2011 No. 50 As of: 1 February 2014 Constitution of the Principality of Liechtenstein of 5 October 1921 We, John II, by the Grace of God, Prince Regnant of Liechtenstein, Duke of Troppau, Count of Rietberg, etc. etc. etc. make known that the Constitution of 26 September 1862 has been modified by Us with the assent of Our Diet as follows: Chapter I - The Principality Art. 1 1) The Principality of Liechtenstein is a State consisting of two regions with eleven communes. It is based upon the principle of enabling the people residing within its borders to live in peace and freedom. The region of Vaduz (Oberland) consists of the communes of Vaduz, Balzers, Planken, Schaan, Triesen and Triesenberg; the region of Schellenberg (Unterland) consists of the communes of Eschen, Gamprin, Mauren, Ruggell and Schellenberg. 2) Vaduz is the capital and the seat of the Diet and the Government. Art. 2 The Principality is a constitutional, hereditary monarchy on a democratic and parliamentary basis (Arts. 79 and 80), the power of the State is inherent in and issues from the Prince Regnant and the People and shall be exercised by both in accordance with the provisions of the present Constitution. Art. 3 The succession to the throne, hereditary in the Princely House of Liechtenstein, the coming-of-age of the Prince Regnant and of the Heir Apparent, as well as any guardianship which may be required, are to be determined by the Princely House in the form of a dynasty law. -
Downloaded License
Journal of the history of International Law (2021) 1–32 brill.com/jhil Making International Law Truly ‘International’? Reflecting on Colonial Approaches to the China-Vietnam Dispute in the South China Sea and the Tribute System So Yeon Kim PhD Researcher, Faculty of Law, University of Cambridge, Cambridge, UK [email protected] Received: 22 August 2020 | Revised: 20 December 2020 | Accepted: 31 January 2021 Abstract Before non-European regions adopted international law, a different set of law of ter- ritory governed the non-European regions. Notwithstanding their differences, inter- national courts and tribunals have approached non-European territorial disputes through a single lens of Eurocentric international law. The general claim of this article is that international courts and tribunals should approach non-European territorial disputes with special consideration to account for the region’s historical system. This article case studies the China-Vietnam dispute in the South China Sea to advance this claim. Through the case study, I argue that East Asian concepts of sovereignty do not equate with those employed by Eurocentric international law. I then suggest guide- lines for considering regional systems when ruling on non-European territorial dis- putes. If international courts and tribunals do not change their legal approach, this not only distorts the historical realities of the non-European regions but also results in unfair dispute settlements. Keywords Tribute System – Territorial Disputes – Law of Territory – Paracel Islands Dispute – South China Sea © So Yeon Kim, 2021 | doi:10.1163/15718050-12340183 This is an open access article distributed under the terms of the CC BY 4.0Downloaded license. -
Tributary-Protected Principalities Full Article Language: En Indien Anders: Engelse Articletitle: 0
_full_alt_author_running_head (neem stramien B2 voor dit chapter en nul 0 in hierna): 0 _full_articletitle_deel (kopregel rechts, vul hierna in): Tributary-Protected Principalities _full_article_language: en indien anders: engelse articletitle: 0 344 Chapter 14 Chapter 14 Tributary-Protected Principalities The juridical nature of Wallachia, Moldavia and Transylvania’s relations to the Ottoman center has been at the crux of Romanian historiography’s engage- ment with the history of the empire. Within this debate, some scholars have claimed that there existed only a de facto relationship, lacking any legal under- pinnings and marred by abuses.1 This assertion goes against a broad spec- trum of juridical, political and administrative sources that prove the existence of a de jure status that the principalities had within the pax ottomanica system. Romanian contributions to this topic have been characterized by a perva- sive obsession with proving that the principalities enjoyed a superior status in comparison to other Balkan countries. To achieve this goal, scholars coined several concepts – sometimes ambiguous and improper for the context – to describe the principalities’ status, such as “submitted states,” “dependent states,” “vassal states,” “autonomous states,” “effective dependence,” “Ottoman domination,” or “autonomy.” The concepts of “vassalage” and “autonomy” deserve a special treatment. A majority of historians and jurists defined the relations between tributary princes and sultans from a European juridical and political point of view, con- sidering them as a vassal–suzerain relationship. In this respect, it is necessary to emphasize two caveats. Firstly, the notions of ‘vassal’ and ‘suzerain’ came to define the relationship between the Porte and the principalities at a late stage, particularly in eighteenth- and nineteenth-century European documents, nar- ratives and translations of Ottoman sources.2 In fact, it was only in the nine- teenth century that Western scholars introduced the syntagma of “vassal 1 For instance L. -
Ambassadorial Assignments Overseas
Thursday, September 2, 2021 Ambassadorial Assignments Overseas 1:43 PM Office of Presidential Appointments (GTM/PAS) Country/Organization Name Additional Countries Title Name State: Career / Appointment Oath of Office Non Career AFGHANISTAN, Islamic AMB Vacant Republic of ALBANIA, Republic of AMB Yuri Kim GU CMSFS 12/31/2019 1/3/2020 ALGERIA, People's AMB Vacant Democratic Republic of ANDORRA, Principality of SPAIN, Kingdom of AMB Vacant ANGOLA, Republic of AMB Nina Maria Fite PA CMSFS 11/20/2017 1/5/2018 ANTIGUA and BARBUDA BARBADOS AMB Linda Swartz Taglialatela NY CMSES 12/16/2015 1/14/2016 DOMINICA, Commonwealth of GRENADA SAINT KITTS AND NEVIS, Federation of SAINT LUCIA SAINT VINCENT AND THE GRENADINES ARGENTINE REPUBLIC AMB Vacant Page 1 of 24 Country/Organization Name Additional Countries Title Name State: Career / Appointment Oath of Office Non Career ARMENIA, Republic of AMB Lynne M. Tracy OH CMSFS 1/7/2019 1/10/2019 AUSTRALIA, Commonwealth AMB Vacant of AUSTRIA, Republic of AMB Vacant AZERBAIJAN, Republic of AMB Earle D. Litzenberger CA CMSFS 1/7/2019 1/15/2019 BAHAMAS, Commonwealth AMB Vacant of The BAHRAIN, Kingdom of AMB Vacant BANGLADESH, People's AMB Earl Robert Miller MI CMSFS 10/17/2018 10/19/2018 Republic of BARBADOS ANTIGUA and BARBUDA AMB Linda Swartz Taglialatela NY CMSES 12/16/2015 1/14/2016 DOMINICA, Commonwealth of GRENADA SAINT KITTS AND NEVIS, Federation of SAINT LUCIA SAINT VINCENT AND THE GRENADINES Page 2 of 24 Country/Organization Name Additional Countries Title Name State: Career / Appointment Oath of Office Non Career BELARUS, Republic of AMB Julie D.