The emergence of the sovereign and independent State of the Empire of Morocco via Decolonization reforms is directly tied to the Moors legal arguments regarding the specific legal personality of States, as follows:
1.Continuity State
2.Predecessor State
3.Successor State
4.Succession State
5.Newly independent State
6.Extinct State
7.Moorish Science Temple of America
8.Church
9.Tribe
Overview of reasons for scepticism over a distinction between State continuity and State succession
What are the 4 basic elements of a contract?
1. Who are the parties to the contract?
2. Who is superior and who is inferior in the contract?
3. What are the terms and conditions of the contract?
4. How do you enforce the contract?
Vienna Convention on Succession of States in respect of Treaties Done at Vienna on 23 August 1978
The States Parties to the present Convention,
Considering the profound transformation of the international community brought about by the decolonization process,
Considering also that other factors may lead to cases of succession of States in the future,
Convinced, in these circumstances, of the need for the codification and progressive development of the rules relating to succession of States in respect of treaties as a means for ensuring greater juridical security in international relations,
Noting that the principles of free consent, good faith and pacta sunt servanda are universally recognized,
Emphasizing that the consistent observance of general multilateral treaties which deal with the codification and progressive development of international law and those the object and purpose of which are of interest to the international community as a whole is of special importance for the strengthening of peace and international cooperation,
Having in mind the principles of international law embodied in the Charter of the United Nations, such as the principles of the equal rights and self-determination of peoples, of the sovereign equality and independence of all States, of non-interference in the domestic affairs of States, of the prohibition of the threat or use of force, and of universal respect for, and observance of, human rights and fundamental freedoms for all,
Recalling that respect for the territorial integrity and political independence of any State is required by the Charter of the United Nations,
Bearing in mind the provisions of the Vienna Convention on the Law of Treaties of 1969, Bearing also in mind article 73 of that Convention,
Affirming that questions of the law of treaties other than those that may arise from a succession of States are governed by the relevant rules of international law, including those rules of customary international law which are embodied in the Vienna Convention on the Law of Treaties of 1969,
Affirming that the rules of customary international law will continue to govern questions not regulated by the provisions of the present Convention,
Have agreed as follows:
PART I. GENERAL PROVISIONS
Article l Scope of the present Convention
The present Convention applies to the effects of a succession of States in respect of treaties between States.
Article 2 Use of terms
1.For the purposes of the present Convention:
(a) “treaty” means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments, and whatever its particular designation;
(b) “succession of States” means the replacement of one State by another in the responsibility for the international relations of territory;
(c) “predecessor State” means the State which has been replaced by another State on the occurrence of a succession of States;
(d) “successor State” means the State which has replaced another State on the occurrence of a succession of States;
(e) “date of the succession of States” means the date upon which the successor State replaced the predecessor State in the responsibility for the international relations of the territory to which the succession of States relates,
(f) “newly independent State” means a successor State the territory of which immediately before the date of the succession of States was a dependent territory for the international relations of which the predecessor State was responsible;
(g) “notification of succession” means in relation to a multilateral treaty any notification, however phrased or named, made by a successor State expressing its consent to be considered as bound by the treaty;
“full powers” means in relation to a notification of succession or any other notification under the present Convention a document emanating from the competent authority of a State designating a person or persons to represent the State for communicating the notification of succession or, as the case may be, the notification;
(i) “ratification”, “acceptance” and “approval” mean in each case the international act so named whereby a State establishes on the international plane its consent to be bound by a treaty,
(j) “reservation” means a unilateral statement, however phrased or named, made by a State when signing, ratifying, accepting, approving or acceding to a treaty or when making a notification of succession 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;
(k) “contracting State” means a State which has consented to be bound by the treaty, whether or not the treaty has entered into force;
(1) force; “party” means a State which has consented to be bound by the treaty and for which the treaty is in
(m) “other State party” means in relation to a successor State any party, other than the predecessor State, to a treaty in force at the date of a succession of States in respect of the territory to which that succession of States relates;
“international organization” means an intergovernmental organization.
2.The provisions of paragraph 1 regarding the use of terms in the present Convention are without prejudice to the use of those terms or to the meanings which may be given to them in the internal law of any State.
State continuity refers to the legal principle that a state retains its identity and obligations under international law despite changes in its government, territory, or population.
The King Head of State, His Supreme Representative, Symbol of the unity of the Nation, Guarantor of the permanence and of the continuity of the State and Supreme Arbiter between the institutions, sees to respect for the Constitution, to the good functioning of the constitutional institutions, to the protection of democratic choice and of the rights and freedoms of the citizens [feminine] and citizens [masculine], of the collectivities, and to respect for the international commitments of the Kingdom.
He is the Guarantor of the Independence of the country and of the territorial integrity of the Kingdom within its authentic frontiers.
Former Moroccan Diplomat And Two Others Charged In White Plains Federal Court With Visa Fraud Conspiracy
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Todd J. Brown, Director of the U.S. Department of State’s Diplomatic Security Service (“DSS”), announced today that former Ambassador from the Permanent Mission of the Kingdom of Morocco to the United Nations (the “Moroccan Mission”) ABDESLAM JAIDI (“JAIDI”), his now ex-wife, MARIA LUISA ESTRELLA JAIDI (“ESTRELLA”), and ESTRELLA’s brother, RAMON SINGSON ESTRELLA (“SINGSON”) were charged in White Plains federal court with conspiring to defraud the United States, to make materially false statements, to commit visa fraud, and to induce aliens to illegally enter, come to, and remain in the United States. The charges stem from a scheme to bring domestic workers into the United States under fraudulently obtained diplomatic visas, only to then be exploited by JAIDI and ESTRELLA once they arrived. On March 13, 2019, ESTRELLA was arrested on a complaint and presented in White Plains federal court. Both JAIDI and SINGSON remain at large.
U.S. Attorney Geoffrey S. Berman stated: “Today’s charges underscore that no one is above the law. The conspiracy alleged to have occurred here was intentionally designed to circumvent important protections against exploitation for domestic workers brought to the United States. We will not tolerate this type of fraud on the United States or the exploitation of domestic workers – no matter the title or position of the alleged offender.”
DSS Director Todd J. Brown said: “We are committed to working with our law enforcement partners to prevent situations where vulnerable individuals are exploited for personal gain in schemes such as this. Because of our global presence, DSS is well positioned to work with U.S. and foreign law enforcement to stop those who would criminally manipulate instruments of international travel, such as passports and visas, to abuse the legal immigration system.”
As alleged in the Indictment unsealed in White Plains federal court.