7. Statehood, Self-determination, and Recognition

Craven, Matthew; Parfitt, Rose

doi:10.1093/he/9780198791836.003.0007

Cited by 53 publications

(2 citation statements)

References 7 publications

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“…In the case of reservations to human rights treaties, for example, Pellet and Müller consider that a reservation is not entirely evil if the object and purpose of the treaty is seen as contributing to the widest possible accession by States. 7 On the question of statehood, the debate between the Constitutive and Declaratory theories makes it controversial whether "recognition" is a necessary condition for a state to acquire legal status, 8 which, together with other controversies under the question of statehood, makes the question of when a new state is formed difficult to answer.…”

Section: Manifestations Of Indeterminacy In International Lawmentioning

confidence: 99%

The Indeterminacy in International Law and Its Causes

Qian

2023

SSSH

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This paper discusses an issue that is often avoided in the field of international law studies, namely, the indeterminacy of international law. The so-called indeterminacy of international law, i.e., international law often fails to give a clear answer to specific questions, the paper firstly describes the specific manifestations of this indeterminacy, and then explores the reasons for its emergence from both internal and external levels. The paper argues that the non-jurisprudential and non-binding nature of international law, as well as its profound influence by international politics, determines its indeterminacy. In addition, the ambiguity of the language of international law itself exacerbates the tendency of indeterminacy in international law.

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Section: Manifestations Of Indeterminacy In International Lawmentioning

confidence: 99%

The Indeterminacy in International Law and Its Causes

Qian

2023

SSSH

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“…10 Under this conception of statehood, recognition is declaratory and not constitutive. 11 In other words, recognition by other states or group of states is only evidence that an entity meets the criteria for statehood, but it is not a pre-requisite. This conception of recognition also operates as a safeguard against situations where an entity is not accepted as a new state because of political reasons despite the fact that it fulfils all necessary criteria.…”

Section: The Criterion Of Government Under the Montevideo Convention Is Relativementioning

confidence: 99%

To Be (a State) or Not to Be?

Heinsch¹,

Pinzauti²

2020

Journal of International Criminal Justice

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One of the traditional criteria for statehood under the Montevideo Convention is that an entity possesses an ‘effective government’. Against this backdrop, this article discusses the impact of belligerent occupation on Palestine’s ability to possess an effective government, and thus fulfil the criteria for statehood. It argues that, as a matter of law, the requirement of effective government should not be interpreted strictly. Statehood does not require an immutable threshold of effectiveness; rather, the criterion has been flexibly interpreted and applied in practice. Belligerent occupation is a factual circumstance calling for such a flexible interpretation. While occupation impairs an occupied entity’s ability to exercise the functions of government, it does not affect statehood. Within the framework of the Rome Statute, the fact that the Court has jurisdiction over situations of belligerent occupation confirms this interpretation. Moreover, when assessing whether an occupied entity meets the criteria for statehood, deficiencies in effectiveness should be weighed against the principle of self-determination and international recognition. Applying those considerations to Palestine’s situation, the conclusion seems warranted that it meets the criteria for statehood under general international law and can thus validly trigger the Court’s jurisdiction to investigate and prosecute alleged crimes committed on its territory.

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Cyber Micronations and Digital Sovereignty

Hobbs,

Hayward,

Motum

2023

DISO

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The Internet has spurred the development of thousands of virtual nations. Located entirely online, these micronations claim sovereignty over vast stretches of cyberspace and engage in performative rituals of statehood. They draft constitutions, compose national anthems, sell citizenship, and sometimes, confuse or confound ordinary people. What are these entities and why do their founders and proponents purport to be a state? What legal and ethical challenges do cyber micronations provoke, and how do they challenge orthodox conceptions of the state? This brief communication considers these questions.

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7. Statehood, Self-determination, and Recognition

Cited by 53 publications

References 7 publications

The Indeterminacy in International Law and Its Causes

The Indeterminacy in International Law and Its Causes

To Be (a State) or Not to Be?

Cyber Micronations and Digital Sovereignty

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