STUDY UNIT 3.1 Flashcards
THE CRITERIA OF STATEHOOD:
set out in the MONTEVIDEO CONVENTIONS which provides that:
-a state as a person of international law should possess:
1. a permanent population
2. a defined territory
3. an effective government
4. the capacity to enter into relations with other states.
PERMANENT POPULATION:
no minimum population size is required.
DEFINED TERRITORY:
the state should have a stable community within an area over which its government has control.
EFFECTIVE GOVERNMENT:
the state should have a government that is in effective control of its territory and that is independent of any other authority.
CAPACITY TO ENTER INTO RELATIONS:
the capacity of a state to enter into relations with other states is a consequence of independence.
RECOGNITION:
may either be: UNILATERAL AND COLLECTIVE RECOGNITION.
UNILATERAL RECOGNITION:
an individual state, already recognized as a state, recognizes an entity claiming to be a state meets the factual requirements for statehood.
COLLECTIVE RECOGNITION:
occurs when a group of states recognizes the existence of a claimant state directly, by an act of recognition.
TWO PRINCIPAL SCHOOLS OF THOUGHT:
-the constitutive theory
-the declaratory theory
THE CONSTITUTIVE THEORY:
according to the constitutive theory, the recognition of an entity as a state creates the state, therefore recognition becomes as additional requirement for statehood.
THE DECLARATRY THEORY:
the declaratory theory maintains that an entity becomes a state on meeting the factual requirements for statehood.
THE UN CHARTER:
the UN Charter provides for two categories of members:
-original members
-subsequently admitted by the organization.
RESOLUTION 1514:
this declaration not only outlawed colonialism but gave a blessing to the United Nations to the rapid creation of new independent states, with little regard for compliance with the traditional requirements of statehood.
