Community Service Letter Samples

Unit I

lack

Unit II

1 - The Concept

state is a community

independent policy established permanently in a given territory under one government. Able to maintain relationships with other communities of the same nature.

2 - building blocks:

Territory: The state domination over the domain land and air and water land can be continuous or discontinuous as in the case of islands.

Population: is a permanent association of individuals q form an organized community.

Power: The Power exists in every society as a need to maintain the social organization itself. Forms of Government

Who Lead? Presidentialism

Parliamentarism

state

Forms How is the Boss?

unitary state - Federal State

Paraguay is a unitary state -

presidential

Public law is subject to state and looks at the relationships of these with each other.

Its source

Custom

encoding

The National legislation

The indirect sources

Chronologically appears after the D º Private

- regulates the conduct of the states that comprise the international community

The Private law is subject only to the man.

Its source

Custom Coding

National Legislation

indirect sources

regulates the conduct of national subject to the rule of D º Procedure. Chronologically

appears first -

3 - Nation and State:

the Nation is a fundamentally sociological concept. Here people are united by their origins, traditions, religion, language, culture and q are conscious of belonging to that unit.

The State policy is a legal concept whose dominant element is the political and legal.

To Mansini representative of the current Joint says:

Territory community, origin, customs and language (objective evidence) engenders a community living and social consciousness (subjective element).

4 - Types

State

The Independent State Federal State

The confederation

Dependent

Vasallo State

5 - The international status of the Holy See.

The Holy See is now an international institution with political responsibility, but a state. "Sui generis" because its powers are limited in excluding purely political, except in certain circumstances in which is intended to facilitate peace.

6 - International Status of minorities.

The United Nations decided to give minorities a broader protection in terms of human rights to ban calls discrimination against minorities.

Therefore all people regardless of national origin have equal individual rights.

In the framework of the UN and q OTI reveal receive individual complaints of human rights violations.

7 - Fundamental principles of international relations of life.

life is a principle of international relations is based on the following principles

principle of legal equality.

Principle of Identity: The identity of the state is manifested through its component elements to q-The population of the Territory b-c-

government

principle of mutual respect

Principle

self defense

Exchange Principle Principle

exclusive jurisdiction under international law

development

Other principles such as the elimination of all forms of racial discrimination.

Unit III

Lack

Unit 4

succession. Can Disappear a state?

1 - Legal effects of changes in the territory of the state (Succession of states.)

2 - treaties.

3 - In the public debt and other contractual obligations.

4 - In the public domain and private state.

5 - legislation.

6 - nationality.

7 - Judicial actions.

State succession occurs when the state undergoes transformations that change his personality in the international legal community.

The law of succession of States is the result of the termination of the scope of temporal states as subjects of international law.

States are born and die, and the succession of States deals with the effects of such termination. Two factors make the succession. "The territorial element and the Phenomenon of succession." The D

Civil º succession there is only "Mortis cause", while the D º International supports a "succession" inter vivos.

The term "succession of States" is enshrined in international practice and remains in force, having been accepted by the United Nations. Projected in the Vienna Convention in 1978.

The replacement of one State, is a simple substitution of sovereignty over a territory.

Legal Effects of Changes in the territory of the State (Succession of States)

As regards the effects of the Succession of States in the domestic law, customary rules are somewhat vague, since the materials to which they apply are very diverse: Goods, contractual obligations, law of persons, etc.. Usually the successor State is not bound by rules that were created by a sovereignty that is not theirs, however, for practical reasons and in the interests of the population temporarily kept all or part of the rules created by the predecessor.

Another aspect is that on Legal Acts, the Acts born before the succession. In this case, we distinguish specific rules concerning public property, debts and commitments made by the predecessor on the exploitation of natural resources.

The treaties:

The succession of states in respect of treaties is governed by the Vienna Convention of 23 August 1978, this convention arose because of the profound transformation of the international community brought about by the process of decolonization.

The status of treaties in the succession of States have not been regulated uniformly in international practice.

In this case we have two views of doctrine and Politis and La Pradelle they make a distinction between treaties - law and treaty-contracts.

-law treaties should be maintained by the successor state.

Treaties, agreements, have two trends: European (for extinction) and the U.S. for the support, because there are still elements of the state as the population.

In the opinion of Albuquerque M. - The State should also apply in its dealings with the new territories acquired Axis. In case of annexation. This really does not bring harm to another contractor.

treaties signed by the former remain in force, despite the fact that its territory has been altered.

treaties do not apply to the territories that do not make more of the above.

Treaties remain in force despite altered the territorial limits of the contracting parties where it will be applied.

example of these international treaties are the easements, the use of international rivers, the military or the right to transit through international waterways vis.

in public debt and other contractual obligations:

The most important and debated, Conforti expressed - is that of succession in government debt, given the tendency to reject the successor state.

was decided at the 1983 Vienna Convention to take account of debts to other states or other subjects international. (Such as the International Monetary Fund or the International Development Bank).

In the Section 33 says means "Debt" any financial obligation of a predecessor state to another state.

are excluded, the public debt of a non-state and local communities that have not been taken ever by the predecessor State can not be no successor state.

Cases:

case of newly independent states born of the decolonization process, the solution is no transmission of the debt. (Art. 37)

In case of unification of the debt of the predecessor States will integrated into the Successor State (art. 39).

If the dissolution of a state and parts of its territory form two or more states, the debt passed to them equally. (Art. 41)

goods in public and private domain of the State:

is defined as goods, rights and interests of those who had been on the date of the succession of states. Cases

Unification

If the assets of each predecessor state to pass to the successor State. (Art.16)

If transfer of a part of the territory. Real estate and property situated in the territory to which the succession pass to the successor state.

For separation and dissolution is the same rule as above.

If states suffers independence. Immovable property situated in the territory pass to the successor State. (Art. 15).

furniture also all related to the activity of the predecessor State on the territory to which the succession.

The legislation:

Succession to the legal regime of the predecessor is the disappearance of the internal legal order.

This implies a new administration, new legislation, and a new jurisdiction and which are not occur immediately but observed a transitional regime more or less prolonged.

The successor state is free to determine whether officials can go or not to carry out their activities. Cases

Annexation Where the purchaser state law applies to the territory annexed. For

colonial rule of succession is the succession NOT legal. In

nationality:

The effect of succession on the nationality of the inhabitants of a territory, it created a controversy by making it difficult the application of general principles. Comment

Brownlie, the population follows the change of sovereignty in matters of nationality.

This issue had not been the subject of codification by the United Nations until 1995, where the International Law Commission is concerned with the issue and is guided by the principle that the inhabitants of the territory should follow the nationality of the successor state. Cases

If a sequence to part of the territory's inhabitants must hold the nationality of the successor.

If the newly independent states is to let the new state law to determine the nationality of the inhabitants.

In cases of unification of States: The people of the territories to which the succession acquire the nationality of the successor state. The same applies in cases of dissolution.

in litigation:

legal acts are divided into two:

a) in respect of administrative acts:

The successor state is free to determine whether officials can continue or not performing their activities.

b) The judicial acts: It has remained in practice that the successor state does not have to execute the judgments of previous courts.