Answers of questions of cases Assignment Example | Topics and Well Written Essays - 2500 words

Answers of questions of cases - Assignment Example The interpretation of this Article, therefore, includes both full and partial ratification and, therefore, the Pact is now in force. The effects of State K’s statement in the instrument of ratification imply that, although the State has ratified the Pact, it has reservations on the implementation of articles 2 and 3 of the Pact. In essence, State K is bound by all the other articles in the Pact save for article 2 and 3. It is, therefore, noteworthy that State K will not make racketeering a criminal offence for everyone in the state as stipulated by Article 2 of the Pact. Additionally, State K will not be under any obligation to either prosecute or extradite to a State which requests it, any person found within its territory whom there is reasonable cause to suspect of having committed acts of racketeering under Article 3 of the Pact. State L s letter may not have any significant effect on State Ks ratification of the Pact. This is because treaty ratification is a matter that i s solely decided by a State. Another state whether a party to or not to the Pact or treaty cannot compel another State on whether to ratify a Pact or the manner it should ratify such Pact. Consequently, L, s letter requiring withdrawal of the statement contained in State K’s instrument of ratification is only considered the opinion of State L and cannot affect State K, s ratification of the pact unless State L withdraws it ratification. 2) In this regard, two approaches to the recognition of a state oppose each other. There is a believe that the appropriate existence of a state in the international perspective will only become complete when the State is legally recognized by other States. There is also the contrary perspective that disagrees. As a result, there are two theories that focus on the recognition of the state, and they are the constitutive and declaratory theories. The constitutive theory provides that there is no automatic recognition of a body as a state. The the ory provides that a state is considered as a state when it is recognized as a state. Accordingly, other states have substantial discretion to recognize or not to recognize a state. Additionally, the new state only exists upon recognition by those other states. In this regard, a state is, and converts to an international being exclusively through recognition. The legal existence of new States gets its recognition from the will of other states already established. According to this theory, it is, therefore, noteworthy that a state cannot be considered as a proper subject in the international perspective unless it is recognized and approved by other states. On the other hand, the declaratory theory looks at the alleged state’s allegation of its sovereignty inside the territory it entirely controls to decide if it can access the international level. The declaratory theory is the opposite of the constitutive theory and holds that recognition is of little importance since states ha ve limited or no discretion in the determination of whether an entity is a state. The status of statehood according to this theory is based on facts and not state discretion. The foreign ministers statement can be interpreted as accurate according to the later theory that does not lay emphasis on recognition. There is the widespread argument that recognition is irrelevant for the existence of a state. In light of this, the attitude that is to be adopted by the British government is one that