Chapter 3: States in international law

*The concept of state: a state is a group of people, living together in a fixed territory,
organized for political ends under an independent government, and capable of entering into
international relations with other states.
* Define sovereignty and independence:
 Sovereignty: the supreme and uncontrollable power inherent in a state by which the
state is governed (internal affairs)
 Independence: the power of the state to direct its own external affairs without
interference or dictation from other states, is the external manifestation of
sovereignty.
1. What are fundamental rights of states?
- The fundamental rights of states are:
+Right of existence and Self-defense: Every state has the right to exist and defend
itself against threats to its survival or territorial integrity.
+Right of sovereignty and Independence: States have the right to govern
themselves freely, choose their political systems, and pursue their own
development paths without external intervention.
+Right of equality: All sovereign states are considered equal regardless of their
size, economic power, or population. This principle implies non-discrimination and
equal treatment under international law.
+Right of territorial integrity: States have the right to maintain the inviolability
of their territory and borders, free from unlawful use of force by other states.
+Right of jurisdiction: States have the exclusive right to exercise legal authority
within their territory over persons and things, subject to certain exceptions like
diplomatic immunity.
+Right of diplomatic intercourse: States have the right to establish and maintain
diplomatic relations with other states, facilitating communication and cooperation
on matters of common interest.
2. What is an effective government?
- The government must be “effective” within the defined territory:
 Be able to exercise control over the permanent population, and be capable
of maintaining law and order within the territory.
 Capacity to enter into relations with other states.
The mere existence of a government in itself does not suffice, if it does not have
“effective control”.
3. Name modes of acquiring territory?
A State can gain territory in at least four different methods. In particular, these
include: occupation, prescription, cession, and accretion. Before the United
Nations was established, States may also annex or conquer new territory through
armed conflict. However, the UN Charter now forbids States from using force, and
even though Article 51 permits States to use force in self-defense, this does not does not
entitle States to keep captured territory as their property.
 Occupation: Occupation occurs when a state exercises sovereign rights over a
previously unoccupied territory.
 Prescription: Long-term, peaceful, and uncontested possession of territory
originally belonging to another state. This mode is increasingly controversial.
 Cession: Transferring territory from one state to another through a treaty. This is
the most common mode and requires the consent of both states.
  Accretion: Acquisition of land through natural processes like alluvial deposits or
island formation. The new land belongs to the existing state whose territory it
adjoins.

4. What are the reasons for multiple nationalities?

Factors contributing to multiple nationalities:

 Conflicts of jurisdiction: Different states use various principles like jus soli
(birthright) and jus sanguinis (ancestry) to determine nationality. This can lead to
situations where individuals are considered citizens of multiple states due to
overlapping birth, parentage, or residency criteria.
 Historical events: Annexation, territorial adjustments, and colonial legacies can
leave individuals residing in newly formed or transferred territories with citizenship
in both the previous and current governing entities.
 Marriage laws: In some countries, marrying a citizen automatically grants the other
spouse their nationality, potentially resulting in dual citizenship.
 Naturalization: Individuals may voluntarily acquire citizenship through
naturalization in another country, adding to their existing nationality.
 Specialized treaties: Certain treaties or agreements between states may create
unique pathways to acquiring citizenship within specific contexts, for example,
children born to parents working in foreign missions.

5. What are the disadvantages of multiple nationalities?

 Multiple nationalities while presenting certain advantages, can also come with a
range of disadvantages.
 As a citizen with multiple nationalities, they are bound by the laws of those
countries.
 With citizenship comes the responsibility of taxation. People with multiple
nationalities are responsible for paying taxes in the countries where they
maintain citizenship and the tax filing procedures may be complex.
 Some countries require military service for all citizens, which can create a
conflict of allegiance for people with multiple nationalities if those
countries call upon them.
 Families with members holding multiple nationalities may face difficulties
regarding visa requirements, inheritance laws, and family reunification
procedures.
 People with multiple nationalities may be subject to additional scrutiny at
international borders due to concerns about security or immigration status.

6. How to limit the number of multiple nationalities? này ko biết nha :))
 Limiting the number of multiple nationalities is a complex issue with various
ethical and legal considerations. Some potential strategies for limiting multiple
nationalities:
  Single nationality rule: Implementing a system where individuals can only
hold one citizenship at a time. This approach is adopted by some countries
like Japan and Singapore.
 Restrictions on acquiring multiple nationalities: Setting stricter criteria for
acquiring nationality, potentially requiring lengthy residencies or strong
cultural ties to the country.
 Tax disincentives: Imposing higher taxes for multiple citizenships.
 Diplomatic engagement: Promoting international cooperation and dialogue
to share best practices and develop harmonized approaches to nationality
issues.

7. How do people lost their nationalities?

 Loss of nationality may be voluntary or involuntary depending on the legal and
administrative context. The principal modes of loss of nationality are:
+ Renunciation: Citizenship can be lost voluntarily through renunciation. A person might
renounce their citizenship in order to take up another citizenship.
+ Denaturalization: Citizenship can be lost involuntarily through denaturalization, also
known as deprivation or forfeiture. A person might have their citizenship revoked in this
way due to fraud in the naturalization process; misrepresentation or Severe legal breaches
such as treason.
+ Grounds applying to children: Children can sometimes lose their citizenship at the same
time as their parent doing so, just as they might acquire citizenship at the same time as
their parent. Children may also lose their citizenship following adoption by a foreigner or
other changes in relation to their parents.
+ Other grounds: Voluntary acquisition of another citizenship; Residing abroad on a
permanent basis; Serving in a foreign military or foreign government…
8. What are the reasons and disadvantages of statelessness?
Reasons:
 Conflicts and political instability (war, revolutions,.. -> disrupt
citizenship processes and leave individuals undocumented or
stripped of their nationality.
 Discrimination in nationality laws ->: Some countries might deny
citizenship based on ethnicity, religion, gender, or other factors
 The refugee and displacement crisis (người tị nạn, di dời)
Disadvantages:
 Limited access to basic rights (human rights, civil rights, healthcare,
education, and social security,..)
 Restricted freedom of movement (Lacking passports or travel
documents)
 Employment challenges; Vulnerability to exploitation, trafficking

9. How to limit the number of statelessness?

 Creating awareness of statelessness and identifying stateless populations;
 Universal birth registration and other forms of civil documentation;
 Eliminating discrimination in nationality laws and practice
 Strengthening political will and addressing gaps in national laws that are
causing statelessness.
10. The legal relationship between the state and the citizen terminates when that
citizen resides abroad. RoW?
Wrong. The relationship typically remains in place under most circumstances.
 Citizenship is a legal bond: It's not simply a matter of physical location
 Citizens abroad can still receive consular assistance, and protection from arbitrary
detention
 Right of return: While residing abroad, citizens retain the right to return to their
home country and enjoy full rights and privileges within its territory.
11. Refugee is a personal right. RoW?

Wrong. Not a personal right:

+ Derived from specific conditions (persecution or fear of harm, not inherent in
every individual)
+ Limited scope ( to individuals meeting strict legal criteria, not universally like
core human rights.
=> It's a protected status under international law that grants certain rights and
protections to individuals fleeing persecution or conflict.