Declarative theory of statehood


Declarative theory of statehood

The declarative theory of statehood defines a state as a person of international law that meets certain structural criteria.

A document that is often quoted on the matter to is the Montevideo Convention (1933), Article 1 of which states:

:"The state as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states."

Article 3 of the Convention declares that statehood is independent of recognition by other states. In contrast, recognition is considered a requirement for statehood by the constitutive theory of statehood.

A similar opinion about "the conditions on which an entity constitutes a state" is expressed by the European Economic Community "Opinions of the Badinter Arbitration Committee". The Committee found that a state was defined by having a territory, a population, and a political authority. The committee also found that the existence and disappearance of states was a question of fact, while the recognition by other states was purely declaratory.

ee also

*Sovereignty
*Diplomatic recognition
*List of unrecognized countries
*Constitutive theory of statehood

External links

* [http://ejil.oxfordjournals.org/cgi/reprint/3/1/178 Opinions of the Badinter Arbitration Committee] at the "European Journal of International Law"
* [http://www.burneylawfirm.com/international_law_primer.htm A Brief Primer on International Law] With cases and commentary. Nathaniel Burney, 2007.
* [http://www.un.org. Official United Nations website]
* [http://www.un.org/law. Official UN website on International Law]
* [http://www.icj-cij.org/. Official website of the International Court of Justice]


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