Failing any such provision or agreement a treaty

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Unformatted text preview: espite racial or cultural ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 231 UST GOLDEN NOTES 2011 2. differences. Territory – fixed portion of the earth’s surface which the inhabitants occupy. 3. Government – the agency through which the will of the state is formulated, expressed and realized. 4. Independence/sovereignty – the power of a state to manage its external affairs without direction or interference from another state. Q: What are the other suggested elements of the State? A: 1. Civilization 2. Recognition Q: If State sovereignty is said to be absolute, how is it related to the independence of other States and to their equality on the international plane? A: From the standpoint of the national legal order, State sovereignty is the supreme legal authority in relation to subjects within its territorial domain. This is the traditional context in referring to sovereignty as absolute. However, in international sphere, sovereignty realizes itself in the existence of a large number of sovereignties, such that there prevails in fact co‐existence of sovereignties under conditions of independence and equality. Q: How is State sovereignty defined in international law? A: The right to exercise in a definite portion of the globe the functions of a State to the exclusion of another State. Sovereignty in the relations between States signifies independence. Independence in regard to a portion of the globe is the right to exercise therein to the exclusion of any other State, the functions of a State. (Island of Palmas case: USA v. the Netherlands) Q: What are the fundamental rights of a State? A: It consists of the Right of: 1. Existence and self‐preservation 2. Sovereignty and independence 3. Equality 4. Property and jurisdiction 5. Dip...
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This document was uploaded on 03/12/2014.

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