Statehood

Question 1

Definition of a State

Answer 1

Art. 1 of Montevideo Convention:
State = (1) permanent population + (2) defined territory + (3) government + (4) capacity to enter into relations with other states.
1-3 = objective categories
4 = subjective category, political dimension: recognition of other state of this territory’s/government’s statehood.

Importance of statehood = only states can engage in int’l law.

Question 2

Territorial Jurisdiction of a State (How a state acquires territory)

Answer 2

1. Occupation/Discovery
2. Contract
3. Possession and Use

Question 3

Occupation/Discovery

Answer 3

• Emerged as major mechanism in the colonial era.
• Ethical dilemma: Discovery means erasion of existing human/inhabitants
  ⇨ Land was declared “terra nullis” (territory belonging to no one)
• Changed, broadened who is considered human, since then

Question 4

Contract

Answer 4

Buying, selling, gifting of land

• Can’t be done unless original title was good -> often rooted in discovery
• Problems with contracts (unfair, coercion etc.)
• “Armistice” surrender agreement including cession (illegal since WWII) similar to contest -> grandfathered in already cesseded territory

Question 5

Possession and Use (effectivités):

Answer 5

• Similar to adverse possession in property
• Other state A has title, but state B uses open and publicly territory in name of state B w/o contestation of title holding state.

Question 6

Uti possidetis juris

Answer 6

The presumption that states emerging from decolonization inherit the colonial administrative borders as delimited at the time of independence.

Question 7

Reach of Sovereignty over territory (air/ocean)

Answer 7

Reaches:

• up to space
• staggers outward into the oceans:
• Territorial Sea: 12 miles from the coast.
• Exclusive Economic Zone 200 miles.
• Then, high seas.

Question 8

Citizenship

Answer 8

Just like title adhere territory to a state, nationality adheres people to a state. The state may issue diplomatic protections over its nationals (this is discretionary).

Question 9

Three ways in which nationality may attache

Answer 9

1. Birth in the territory (particular in settler states);
2. Blood (one or both parents are citizens); or
3. Naturalization (happens for the benefit of the state to keep their citizens happy. System set up that foreigners are considered beneficiaries).
   ⇨ Two ways to naturalize in the US (1) Skills/Abilities or (2) Marriage.