ANSWERS TO QUESTIONS IN TERNATIONAL LAW TEXT
关于贝多芬的故事(FOR REFERENCE)
1. Interpretation of terms (8 points for each)
(1) Criteria of Statehood
Criteria for statehood (as identified in 1933 Montevideo Convention on the Rights and Duties of States) are as follows:
a. Permanent Population
b. 椰浆的用法Defined去凤凰古城 Territory
c. Government (with actual control over the territory)
d. Capacity to Enter into Relations with other States
The criterion d is cloly tied with law of recognition. There are some different opinions as t
o whether the capacity to enter into relations with other states is a prerequisite to statehood or in fact flows from statehood. Independence is sometimes listed as a parate requirement, but can also be en as implicit in the requirement of having the capacity to enter into inter-state relations.
(2) Generations of Human Rights
According to theory of Human Rights, there are three 政治学习体会“generations” of rights. Civil and political rights are called as “first generation rights”. Economic, social and cultural rights as “cond generation rights”. A “third generation卫介” of rights, variously referred to as collective rights or solidarity rights, was the subject debate in the 1970s and 1980s. Third generation rights usually include the following rights:
a. Right to environment
b. Right to peace
c. Right to development
(3) Treaty Rervation
Treaty rervation is defined as a “unilateral statement, however phrad or named, made by a State, when signing, ratifying, accepting, approving, or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State.” There are two parate issues arising out of treaty rervation: issue of “permissibility” and issue of “opposability”.
Treaty rervation has legal effects, for example, it can modifies for the rerving party in its relations with that other party the provisions of the treaty to which the rervation relates to the extent of the rervation, it can also modifies tho provisions to the same extent for that other party in its relations with the rerving State.
(4) Right of Self-Defen
Right of Self-Defen is an inherent right of a State.
U.N. Charter Article 51 states that nothing in the Charter impairs the “(inherent) right of in毫米
dividual or collective lf-defen if an armed until the Security Council has taken measures necessary to maintain international peace and curity.”
At customary international law, the exerci of right of lf-defen is subject to requirements of necessity and proportionality.
(5) International Tribunal for the Former Yugoslavia
The International Tribunal for the Former Yugoslavia was established by the Security Council of the United Nations pursuant to its powers under Chapter VII of the U.N. Charter.
In May 1993, the Security Council of the United States, basing on the Secretary General’s report, made Security Council Resolution 827 adopting the Statute of International Tribunal for the Former Yugoslavia which was propod by Secretary General in the report, and tting up the “International Criminal Tribunal for the Procution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991”.
According to the Statute, International Tribunal for Yugoslavia has jurisdiction over:
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a. Grave breaches of the 1949 Geneva Conventions
b. Violations of the laws and customs of war
c. Genocide
d. Crimes against humanity.技术革命
2. Answering the following questions briefly (10 points for each)
(1) What does Exclusive Economic Zone mean?
Exclusive Economic Zone (EEZ) is a special maritime zone adopted by the United Nations Convention on Law of Sea (UNCLOS).
Relevant UNCLOS provisions can be said to reflect customary international law, i.e. customary law that crystallized from treaty. According to UNCLOS, EEZ has a specific
legal regime beyond territorial a, and EEZ overlaps with contiguous zone and does not extending beyond 200 nautical miles from baline.
In EEZ, the Coastal State of EEZ has limited sovereign rights, mainly over natural resources, and can exerci regulatory powers of coastal state over construction of artificial islands, conrvation of living resources and utilization of living resources. In EEZ, other States enjoy freedom of over-flight, navigation, laying of cables and pipelines, and other lawful us compatible with other provisions of the UNCLOS.
