International Law States and Governments

A State must possess: A permanent population A defined territory A Government A capacity to enter into relations with other States

States and Governments Permanent Population Some, not all, must be permanent Size not important States decide who is a citizen But must be a true relationship Jus cogens

States and Governments Territory Control Exclusive legally and factually Defined [?] “consistently controls a sufficiently identifiable core of territory”

States and Governments

Government Effective Control Establish and maintain order De facto vs de jure War occupation Civil war Free from interference [?] Any type of government is fine Legality of State not important

States and Governments A capacity to enter into relations Not required by all An indicator of independence from ‘other’ control

States and Governments Other Requirements??? Self-determination Really??? Recognition by others Evidence or proof of requirements?? More important if one or more of first three elements are weak

States and Governments Federal States Individual States rarely have the right to be involved in international relations If do, limited [e.g., cultural, economic]

States and Governments Recognition of a State Legal requirements: Objective Test Political considerations Recognizing State or Government???? State: has all three (four) requirements Government: Is the third requirement

States and Governments Recognition: Legal Effects Constitutive Theory: A State does not exist until recognized by most other States Declaratory Theory: A question of fact: are the requirements met? Recognition is just an acknowledgement that the facts are met. OAS: Political existence of a State is independent of recognition by other States

States and Governments Recognition: Other Effects Trade, Aid, Recognition of rights and responsibilities Evidence that requirements are met May bring other treaties/rules into effect Establishing diplomatic relations still a matter left to individual States Recognition of legal matters from State

States and Governments Recognition of Governments Often a sign of approval Evidence that in control (Elements 3/4) Not required when new government ‘arrives’ by lawful means Very political when new government ‘arrives by force/war/coup

States and Governments Recognition of Governments (Cont) Move to implied rather than expressed recognition De facto vs de jure recognition of governments EU’s attempt to revitalize the idea of recognition