Statehood And The Right To Self-Determination

Question 1

What’s at stake in international law?

Answer 1

The rights, responsibilities, and accountability of states, as well as symbolism and national pride
Ex: sovereignty over territory and immunity, self defense, ability to be sued or stop wrongful behavior

Question 2

Montevideo Criteria

Answer 2

Framework for acknowledgement as a state
Includes:
-Defined territory
-Permanent population
-Effective government
-Capacity to conduct international relations

Question 3

Declaratory Theory

Answer 3

An entities becomes a state upon satisfying the 4 Montevideo Criteria, regardless of the opinions of the intl community

Question 4

Ambiguities in Montevideo Criteria

Answer 4

Capacity to conduct IR
Territory: sometimes boundaries are unsettles
Effective govt? (Afghanistan example, where govt recognition and state recognition are separate)

Question 5

Constitutive Theory

Answer 5

While objective factors matter, so do subjective ones like:
-legality of origin
-claimed statehood
-democratic values
-acceptance of fundamental intl norms

Question 6

Self Determination

Answer 6

Freedom to determine political status and pursue economic, social, and cultural development (until the point of any action which would impair the territorial and/or political integrity of another state)

Sometimes tricky: ex: Quebec and Kosovo

Question 7

Remedial Secession

Answer 7

Right to secede to create a new state (external self-determination)

Question 8

Donbas Example

Answer 8

• Putin claims Crimea for Russia
• Is there a case under the Montevideo criteria ?