国际法试题二及答案.docVIP

ANSWERS TO QUESTIONS IN TERNATIONAL LAW TEXT (FOR REFERENCE) 1. Interpretation of terms (8 points for each) Criteria of Statehood Criteria for statehood (as identified in 1933 Montevideo Convention on the Rights and Duties of States) are as follows: Permanent Population Defined Territory Government (with actual control over the territory) Capacity to Enter into Relations with other States The criterion d is closely tied with law of recognition. There are some different opinions as to 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 separate requirement, but can also be seen 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 揼enerations?of rights. Civil and political rights are called as so“first generation rights”. Economic, social and cultural rights as 搒econd generation rightsg”. A 搕hird generation?of rights, variously referred to as collective rights or solidarity rights, was the subject debate in the 1970s and 1980s. Third generation rights s usually include the following rights: a. Right to environment b. Right to peace c. Right to development (3) Treaty Reservation Treaty reservation is defined as a “unilateral statement, however phrased 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 separate issues arising out of treaty reservation: issue of “permissibility” and issue of “opposability”. Treaty reservation has legal effects, for example, it can modifies for the reserving party in its relations with that other party the provisions of the treaty to which the reservation relates to the extent of the reservation, it can also mod