State is important topic in Private International Law. It is very important for all law students world widely. It covers all he content of State.This PPT gives a detail information of the state in present time.
Concept of state, recognition and jurisdictionShivani Sharma
The slides discuss in detail the concept of State, State Recognition and Jurisdiction under International Law. Useful for Law Students and professionals.
What is international dispute? What are the various ways of settling the international dispute? Explain Pacific means of settling the dispute. Explain the coercive method of solving the dispute. In this ppt we deal with all these question that will be helpful for law exams.
State is important topic in Private International Law. It is very important for all law students world widely. It covers all he content of State.This PPT gives a detail information of the state in present time.
Concept of state, recognition and jurisdictionShivani Sharma
The slides discuss in detail the concept of State, State Recognition and Jurisdiction under International Law. Useful for Law Students and professionals.
What is international dispute? What are the various ways of settling the international dispute? Explain Pacific means of settling the dispute. Explain the coercive method of solving the dispute. In this ppt we deal with all these question that will be helpful for law exams.
State succession,Kinds, Theories & consequences of state succession.Keshav Choudhary
Detail about the state succession, Kinds of State Succession, Theories of State Succession & Consequences of State Succession in Public International law. It is helpful for all Law and other competitive exam.
Its consists of the emergence of international law, Expalanation of international law, reason why it is a weak law, Father of International law, types of law, Formulation of treaties, Why international law is not a real law, Nature of international law, basis of international law , sources of international law, famous case of international law and current state of international law
The study Notes on International Law which I prepared for examinations when I was student of LL.B. II in 2006. Hope it may be helpful in understanding the basics of the subject. But after studying it, the students should through the text books available on the subject.....Thanks
Meaning and Definition of Nationality and Citizenship, Difference between nationality and citizenship, concept of second class citizen, Modes of acquiring citizenship. This ppt is very important for all law student who are preparing for judiciary and other competitive exam.
Succession of state means the replacement of one state with another in the political and territorial responsibility. These slides explain the succession of state, government and international organizations.
State succession,Kinds, Theories & consequences of state succession.Keshav Choudhary
Detail about the state succession, Kinds of State Succession, Theories of State Succession & Consequences of State Succession in Public International law. It is helpful for all Law and other competitive exam.
Its consists of the emergence of international law, Expalanation of international law, reason why it is a weak law, Father of International law, types of law, Formulation of treaties, Why international law is not a real law, Nature of international law, basis of international law , sources of international law, famous case of international law and current state of international law
The study Notes on International Law which I prepared for examinations when I was student of LL.B. II in 2006. Hope it may be helpful in understanding the basics of the subject. But after studying it, the students should through the text books available on the subject.....Thanks
Meaning and Definition of Nationality and Citizenship, Difference between nationality and citizenship, concept of second class citizen, Modes of acquiring citizenship. This ppt is very important for all law student who are preparing for judiciary and other competitive exam.
Succession of state means the replacement of one state with another in the political and territorial responsibility. These slides explain the succession of state, government and international organizations.
This Presentation is the one that i had submitted late and unfortunately i did not have enough time to improve this work because my professor is so strict. :( better luck next time
According to Salmond the theory of sovereignty may be reduced to the following three fundamental propositions. He regards the first of these proposi¬tions as correct and the second and third without any solid foundation.
Sovereignty means the supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; the supreme will; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation; also a political society, or state, which is sovereign and independent.
The power to do everything in a state without accountability, to other countries, to execute and to apply them, to impose and collect taxes and levy contributions, to make war or peace, to form treaties of alliance or of commerce with foreign nations.
The concept of ‘sovereignty’ is one of the most complex, with many definitions, some are totally contradictory. Usually, sovereignty is defined in one of two ways. The first definition applies to supreme public power, which has the right and, in theory, the capacity to impose its authority in the last instance. The second definition refers to the holder of legitimate power, who is recognized to have authority.
When national sovereignty is discussed, the first definition applies, and it refers in particular to independence, understood as the freedom of a collective entity to act. When popular sovereignty is discussed, the second definition applies, and sovereignty is associated with power and legitimacy.1
There are various definition of sovereignty which has been defined by academicians and philosophers they are as follows:
In political science, sovereignty is usually defined as the most essential attribute of the state in the form of its complete self-sufficiency in the frames of a certain territory that is its supremacy in the domestic policy and independence in the foreign one.
John Bodin defines sovereignty “The supreme power over citizens and subjects, unrestrained by law.”
Grotius defines sovereignty as “The supreme political power vested in him whose acts are not subject to any other and whose will cannot be overridden”.
Also definition of Sovereignty by Soltau is “Final legal coercive power by the state”.
The primary object of this assignment is to offer a systematic study of the Civil Law Legal System. An attempt has been made to examine what is civil law legal system, historical basics of civil law legal system, common types of legal system to the world, salient features of civil law legal system, differentiation from other major legal systems, modern Common and Civil Law Systems, countries following Civil or Common Law, a comparative study between Common Law and Civil Law Systems, Civil Courts and their Jurisdictions in Bangladesh, Hierarchy of Civil Courts in Bangladesh, Pecuniary Jurisdiction of Civil Courts in Bangladesh...
United Nations Convention on Contracts for the International Sale of Goods (C...A K DAS's | Law
The United Nations Convention on Contracts for the International Sale of Goods (CISG) was developed by the United Nations Commission on International Trade Law (UNCITRAL), and was signed in Vienna in 1980. It came into force as a multilateral treaty on 1st January 1988, after being ratified by 11 countries...
Externship Report on "Bangladesh Legal Aid and Services Trust (BLAST)" at Chittagong Unit under the requirements of Externship Course of LL.B. Hon's...
Montesquieu's Doctrine of Separation of PowerA K DAS's | Law
The main theme of Montesquieu doctrine is that each and every organ of the state will exercise of its own power and function, and no one organ will interfere into the functions of another organ. He is the proponent of this theory....
The school was headed by medical Criminologist Cesare Lombroso, who argued that criminality was a biological trait found in some human beings. The termLombroso used to describe the appearance of organisms resembling ancestral forms of life is atavism...
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptx
Recognition - International Law
1.
2.
3.
4. According to International Law, Recognition is the
formal acknowledgment of the status of an
independent State by other existing states.
Every State has to have some essential features, called
attributes of statehood, in order for other States to
recognize the State as independent.
States are considered as the principal persons in
International Law.
The recognition of a state is often a political act of a
state.
Recognition is not a conclusive proof of the existence of
the state.
5. THE SIGNIFICANCE OF
RECOGNITION OF STATE
1. To obtain equality status with other
members of the international
community
2. To acquire international rights and
contracting international obligations
3. To engage in international relations
8. The tree is the state
The leave is the
government
9. Analogy:
The tree is the state. The leaves are various
governments. While governments (leaves)
may come and go, the state (the tree
remains)
Once the recognition is given to a state, the
recognition cannot be withdrawn.
Recognition of a government may be lawfully
withheld or withdrawn.
10. THE REAL CASE
Saudi Arabia and the United Arab Emirates
withdrew their recognition to Afghanistan Taliban
government when it refused to surrender Osama
bin Laden in the aftermath of the events of
September 11, 2001.
Is it permissible for the two state to withdraw
their recognition to Taliban government?
Can they also withdraw their recognition to the
state of Afghanistan?
11. There are two popular theories laid
down for the purpose of
understanding the nature of
recognition:
1) Constitutive Theory
2) Declarative or Evidentiary Theory
12. According to this theory,
recognition is a necessary
condition for statehood and
personality. It is a process
by which a political
community acquires
personality and becomes a
member of the family of
nations. A State comes into
existence through
recognition only and
exclusively.
CONSTITUTIVE
This theory states that
declaration is a mere formality
and has no legal effect as the
existence of a State is a mere
question of fact.
Every new state becomes a
member of the family of
nations ipso facto by its
coming into existence.
Recognition only provides the
evidence to this fact. This
theory says recognition is not
important.
DECLARATIVE
13. EXAMPLES OF
CONSTITUTIVE THEORY
Poland and Czechoslovakia were
recognized by the instrumentality of the
Treaty of Versailles.
Germany was divided into two parts
after the World War II by a treaty
Korea was divided into two parts
14. Taiwan is a
democratic
country and is
adjoining areas
where Chinese
territory. Only
few countries
recognize Taiwan
yet it had
business
dealings with
almost every
country.
EXAMPLE OF DECLARATIVE THEORY
15. CONSTITUTIVE DECLARATIVE
Recognition is political and
diplomatic but not legal.
This theory imposes an
obligation on all
member states to
recognize a State.
Practically, no states
wants to do something
on obligation. There is
no law the obliges
established states to
recognize new States.
The theory fails to
explain legal rights and
consequent of a
recognized state.
16. TYPES OF RECOGNITION OF STATES
Expressed recognition
Implicit recognition
Collective recognition
Premature recognition
17. 1. EXPRESS RECOGNITION
An existing state recognizes another state by
releasing a public statement by way of notification
or a declaration announcing the intention of
Recognition.
Grant is expressed in written words.
Diplomatic letters/notes, statements, telegrams.
Example: The statement of French President to
recognize the independency of Algeria on 3 July 1963.
International treaty
Example: Japan recognized Korea via article 12 of
Peace Treaty on 8 September 1951.
18. 2. IMPLICT RECOGNITION
Does not release a formal state but recognizes the state
by some acts which imply that the state is being
recognized.
Sending a diplomatic agent
Having a talk with an official or a head of state
Making an agreement with the state
Example: Prime Minister of Israel, Shimon Perez, visited
Morocco on 21 July 1986 and had a talk with King Hassan
II to seek solutions for Middle East problems.
19. 3. COLLECTIVE RECOGNITION
Via international treaty or multilateral conference
Example: 5 ASEAN countries on 18 April 1975
recognized Cambodia
20. 4. PREMATURE RECOGNITION
Recognition is given to a state although the state does
not have complete constitutive components (no
constitution, territorial borders are not clear)
Example: recognition of a number of states to
Palestinian
21. 1. DE FACTO RECOGNTION
2. DE JURE
RECOGNITION
3. RECOGNITION OF
BELLIGERANCY
4. RECOGNITION OF
NATIONAL LIBERATION
MOVEMENT
22. DE FACTO RECOGNITION
This is a provision recognition and not a
permanent one. i.e., it can be withdrawn by
other States at any time. It is the first step
towards becoming a recognized country.
Recognition is only by fact and not legal.
State may have more than one
Governments. No exchange of diplomatic
representatives takes places. State
succession might not happen. Mere de facto
recognition is not sufficient to get UN
membership.
Example: Israel, Bangladesh, Taiwan, Arab
Republic etc.
23. DE JURE RECOGNITION
This is a permanent recognition which one
granted cannot be taken back or withdrawn
by other States. It is regal and rightful.
State will have only one Governments.
Exchange of diplomatic representatives
takes places. State succession happens
smoothly. de jure recognition by majority
states his essential for UN membership.
24. RECOGNITION OF
BELLIGERENCY
A belligerent group seizes
power in its own country or
a portion of it
A belligerent group has a
de facto power
Example: France and
Mexico officially recognized
a leftist guerilla movement
that had fought several
years against the
Colombian government.
25. Not yet applied
universally
Western countries such
as USA and UK still
reject this type of
recognition
Example: the
recognition of PLO
through UN resolution
No.3237 dated 22
November 1974, the UN
renders PLO a rights to
be the permanent UN
observer.
26. LEGAL EFFECTS
According to present-day state practice, recognition has
only a declaratory character, not constitutive (i.e.
fundamental or determining). The state comes into
existence as soon as it has fulfilled the objective
preconditions, especially the three elements of
statehood referred to above. Recognition also
constitutes a declaration by a state that in its opinion the
country it has recognized must be regarded as a "state"
within the meaning of international law, and hence also
as a subject of international law.
27. In legal theory the question of whether it is not
in fact the act of recognition that actually
creates statehood – whether recognition has a
constitutive effect, in other words – remains
under discussion. In practice, however, the
existence of a state is not dependent on
whether it has been recognized as such. The
sole determining factor is whether or not the
elements of statehood under international law
(state people, state territory, state power)
are actually present in the specific
case. Realistically, however, an entity cannot
function as a state unless at least a certain
number of states recognize it as such. The
Turkish Republic of Cyprus, for example, which
is only recognized as a state by Turkey, lacks
statehood.
28. In recent state practice recognition has often been
made contingent on the fulfilment of certain
conditions, for example compliance with the UN
Charter or observance of the rule of law, democracy
and human rights. From the viewpoint of international
law, however, these are not criteria for recognition but
conditions of a political nature, formulated in relation
to the establishment of diplomatic relation.