Statehood Flashcards
Montevideo Definition of a State
- Permanent population
- Defined territory
- Government
- Capacity to enter into relations with other states
Constitutive Recognition
Requires recognition by other states to determine a new state exists
Declaratory Recognition
A new state only needs to meet the requirements of the Montevideo Convention to exist
Ways to Establish Statehood
- Conquest
- Merger
- Secession
- Formation from a nullity (from larger non-state territory)
- Dismemberment
- New order
New Order
Establishes statehood out of a change in government or a change in the state itself
Uti Possidetis
Existing boundaries are NOT subject to change
Clean Slate Doctrine
Argument for a completely new state because of a radical change
- lose old claims and financial and treaty obligations against the old state
Dismembratio
Complete dissolution of predecessor state. State property is to be divided equally according to equity.
Customary Law
Communio Incidens
Joint-ownership community of successor states (have to divide property equally)
Customary Law
De Jure
Legal government
- established by right under international law
- confirmed by law
De Facto
Government by fact
- requires effective control
Right of Self-Determination
Right of people to determine important political and legal status of a territory
Internal and External
UN Article 1(2)
Internal Self-Determination
Right of people to pursue their own political, economic, and cultural development
Promotion of democratic institutions
External Self-Determination
Right to determine independent statehood
Right to no interference by other countries
Applies only in cases of:
- Colonial rule
- People subject to alien subjugation, domination, or exploitation
- People blocked from meaningful exercise of internal self-determination
Failed State
Key is failure to establish operative government
