1. Ole Kr. Fauchald16.02.20161 Statehood Population Territory Governing structures Independence Rights Duties Responsibility States – conditions and legal consequences Recognition of states Policy or law?

2. Ole Kr. Fauchald16.02.20162 States – conditions n Waves of state establishment – from 50 to 200 ä Decolonisation ä End of the Soviet Union n Recognition of States ä Secession from an existing State or uniting existing separate states ä Is recognition a condition for existence? ä Can recognition be invalid? n The four basic criteria ä Convention on the rights and duties of states (1933) 1.Population ä Self-sustained? Avoid numerous states? ä Self-determination – ”peoples” 2.Territory ä Sustainable exploitations of resources – self-sustained? ä Border conflicts and disputed borders ä Uti possidetis

3. Ole Kr. Fauchald16.02.20163 States – conditions II 3.Governing structures ä Recognition of governments? To what extent a political decision? ä Stability and control ä Self-determination –Minorities vs. indigenous peoples –Indigenous peoples – the basic problem of control over natural resources –How to define ”peoples” – autonomous or supra-national? –The Israeli Wall case (2004) – the Palestinian right of self- determination as an erga omnes right 4.Self-governance ä Different starting points ä Loss of self governance – Norway during the war ä Establishment of self governance –Decolonisation (UNGA res. 1514 – ”inalienable right”) –Kosovo and Georgia

4. Ole Kr. Fauchald16.02.20164 States – succession n State succession vs. government succession n State succession ä Treaties – ”localized” vs. ”non-localized treaties; the ”clean slate” principle ä The Estrada doctrine ä The case of Iraq – legitimate and illegitimate debt ä The Gabcikovo – Nagymaros case (ICJ rep. 1997), Legality of use of force case (Serbia and Montenegro, ICJ rep. 2004) n Government succession ä Intervention in internal affairs – Military, political, economic? ä How free is the new government in relation to obligations established by the previous government?

5. Ole Kr. Fauchald16.02.20165 States – legal consequences of statehood n Rights of states ä Can a state enjoy rights without recognition from other states? ä Exclusive territorial sovereignty ä Personal jurisdiction ä Right of non-intervention ä Immunity of State institutions and representatives ä Right of membership in intergovernmental organisations? ä Erga omnes rights? ä Right to respect for treaties? ä Persistent objector?

6. Ole Kr. Fauchald16.02.20166 States – legal consequences II n Duties of states? ä Can a state undertake duties without recognition from other states? ä Treaty obligations – treaties with states vs. treaties with IGOs ä Duties according to customary international law ä Unilateral declarations n State responsibility ä Is state responsibility dependent on recognition? ä Is invocation of state responsibility to be regarded as recognition? ä The issue of ”insurgents”

7. Ole Kr. Fauchald16.02.20167 Insurgents n Counted among traditional subjects of international law n Insurgents and the right of self-determination n Transitional n ”Subject” – Rights and duties ä Main question whether they can be held responsible after they have transformed into a State ä Draft articles on State responsibility, art. 10 ä Mainly theoretical n What about “insurgents” in a “war on terror” situation?