REYES, JOSELLE J.

Law 312- Public International Law

Assignment

(Topic 2)

1. What are the elements of statehood?

The Elements of Statehood are the following:

 People
 Territory
 Government
 Sovereignty

2. Is recognition an element of statehood?

No, recognition is not an element of statehood. It is only discretionary and a political act. Since
declarative theory is being exercised, recognition is mainly a matter of policy of the state. It is also
discretionary on the part of recognizing authority as it is exercised by the executive department, and
that the legality or wisdom of such recognition is not subjected to judicial review.

3. What are the theories on recognition of a state?

The theories of recognition of a State are:

1. Constitutive theory – recognition is the last indispensable element that converts the state being
recognized into an international person.

2. Declaratory theory – recognition is merely an acknowledgment of the pre‐existing fact that the
state being recognized is an international person.

4. Distinguish the following doctrines: Tobar/Wilson, Stinson, and Estrada?

Tobar or Wilson doctrine precludes recognition to any government coming into existence by
revolutionary means so long as the freely elected representatives of the people thereof have not
constitutionally reorganized the country.

Estrada Doctrine involves a policy of never issuing any declaration giving recognition to
governments and of accepting whatever government is in effective control without raising the

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issue of recognition. An inquiry into legitimacy would be an intervention in the internal affairs of
another State.

Stimson means no recognition of a government established through external aggression.

5. Distinguish de jure from de facto recognition.

RECOGNITION DE JURE RECOGNITION DE FACTO

Relatively permanent Provisional

Vests title to properties of government abroad Does not vest title to properties of government
abroad

Brings about full diplomatic relations Limited to certain juridical relations

6. Can the Holy See be considered a state?

Yes, the Holy See is considered as a state. The Holy See is the universal government of the Catholic
Church and operates from Vatican City State, a sovereign, independent territory. The Pope is the ruler of
both Vatican City State and the Holy See.

7. What are “sui generis” entities?

The Sui Generis Entities are the Vatican, the Order of Malta and International Committee of the Red
Cross. These are the three entities which have acquired legal status as international actors, whether
through historical precedent or international agreement. These entities do not control significant
territory and have limited international profile as a nation.

8. What is the principle of succession of states/governments?

Succession of State means that states do not last forever and state succession may arise in different
circumstances, such as a result of decolonization, dismemberment, secession, annexation and merger.
What occurs in each of these instances is that an existing sovereignty disappears in whole or in part and
a new sovereignty arises giving rise to questions of succession to rights and obligations.

9. What is the principle of state continuity?

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The principle of state continuity states that the disappearance of any of the elements of statehood
would cause the extinction of the State, but mere changes as to one or more of the elements would
not necessarily, as a rule, bring about such extinction. Despite such changes, the State continues
to be an international person.

10. What is belligerency?

Belligerency exists when the inhabitants of a State rise up in arms for the purpose of
overthrowing the legitimate government or when there is a state of war between two states.

11. What is the “uti possidetis iuris” doctrine?

Uti possidetis juris (UPJ) is a principle of customary international law that serves to preserve the
boundaries of colonies emerging as States.

12. What is the doctrine of sovereign immunity?

The doctrine of sovereign immunity is a principle of customary international law, by virtue of which one
sovereign state cannot be sued before the courts of another sovereign state without its consent.

13. What is the “act of state” doctrine?

The Act of State Doctrine states that every state is bound to respect the independence of every other
sovereign state, and the courts will not sit in judgment of another government's acts done within its
own territory.

14. What are the Calvo and Drago doctrines?

Calvo Doctrine refers to a body of international rules regulating the jurisdiction of governments over
aliens and the scope of their protection by their home states, as well as the use of force in collecting
indemnities while Drago Doctrine rejects the right of a country to use military force against another
country to collect debts.

15. What is the doctrine of sovereign equality of states?

The doctrine of sovereign equality means that all nations should be regarded as equal with one another.

16. What is the doctrine of non-intervention?

The doctrine of non-intervention is a principle of international law that restricts the ability of outside
nations to interfere with the internal affairs of another nation. At its core, the principle is a corollary to
the right of territorial sovereignty possessed by each nation.

17. What is the principle of self-determination?

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Self-determination means that all people have the right to self-determination. By virtue of that right,
they freely determine their political status and freely pursue their economic, social and cultural
development.

18. Distinguish between recognition of states and recognition of governments.

Recognition of states means the act of acknowledging the capacity of an entity to exercise rights
belonging to statehood while Recognition of government is the act of acknowledging the capacity of an
entity to exercise powers of government of a state. The recognition of states is decided mainly on the
basis of political considerations.