Criteria for a valid treaty of cession

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6 Terms

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Criteria 1

Both parties must possess international legal personality

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Criteria 2

Both parties must intend to act under international law

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Criteria 3

Agreement between the parties

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Criteria 4

Intention to create legal obligations, not just moral

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Argument for criteria 1

1835 Declaration of Independence suggests Maori claim to international legal personality

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Argument for criteria 3

Tensions between English and Maori versions questions whether there was a genuine agreement