The Nature of Statehood under International Law

What is a State under international law? In accordance with Article 1 of the 1933 Montevideo Convention on the Rights and Duties of States, a State should possess: 1) a permanent population; 2) a defined territory; 3) a government; and 4) a capacity to enter into relations with other States.

Permanent population Nationality is usually acquired on the basis of: Jus soli and / or Jus sanguinis Useful terms: optatio dual / multiple nationality statelessness

Defined territory The territory of a State is limited by its State borders and comprises: land; internal waters; aerial space; subsoil. Useful terms: terra nullius territorial sea cession secession

Defined territory The territory of a State does not comprise: the high seas; space; territories with international regimes. Useful terms: the contiguous zone the exclusive economic zone the high seas

Government Rule: non-interference Recognition doctrines: the Tobar doctrine (ref. Carlos R. Tobar (1854 – 1920) the Estrada doctrine (ref. Genaro Estrada (1887 – 1937)

Capacity to enter into relations with other States Rule: sovereign equality Recognition theories: Constitutive theory Declaratory theory

Capacity to enter into relations with other States Recognition forms: De jure De facto 8

State succession Succession to treaties: absorption and merger cession of territory from one State to another separation from an existing State to form a new State or States dissolution of States “newly independent States”