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LSTD507 International Law WK2 Discussion Interaction
Topic: Statehood
This week we are examining subjects of international law and what is a state. In your initial post
this week, please discuss the following:
1. Explain in detail what determines statehood on the international stage, particularly in order to
become a member state of the United Nations. What is the Montevideo Convention and what is
its importance to statehood? Should recognition be considered when examining whether a
country is a state? Why or why not?
2. After reading about Principality of Islandia in your Week 1 readings, what are your thoughts
on it achieving statehood?
3. Lastly, examine your own country’s (A, B or C) status of statehood. Is your country truly a
state? Why or why not?
Please interact with the following student’s posts. Don’t to ask them a question.
Student #1 (MW) Post:
Good morning, class,
Part 1:
United Nations Membership: To become a member of the United Nations, a state must be
willing to abide by the United Nations Charter. Membership is granted based on a
recommendation by the Security Council and approval by the General Assembly of the United
Nations.[1]
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•
State submits application to Secretary-General and a letter stating acceptance of the
Charter.
•
Security Council will consider a recommendation of admission and requires 9 of 15 votes
so long as one of the 5 original higher power states (China, France, Russian Fed., Great
Britian-Northern Irland and United States) vote against the application’s acceptance.
•
If the council is good with the applicant, they are submitted to the General Assembly for
consideration. This vote will require two thirds of the majority vote.
•
If all is successful, the States is a member upon the date of admission being adopted.[2]
Montevideo Convention: The Montevideo Convention is crucial because it provides a clear,
concise definition of the path to statehood recognized by international law. It’s used as a
reference point for many international dealings and discussions about statehood. Outlined in the
Montevideo Convention’s treaty effective December 26, 1934, are specific criteria to this treaty
that an entity must have to be considered a state:[3]
•
A permanent population.
•
A defined territory.
•
A government.
•
The capacity to enter relations with other states.
The Role of Recognition: Recognition by other states plays a complex role in determining a
proper system of admission to Statehood for the likes of many smaller potential candidates.
While it’s not a formal requirement at all for statehood under the Montevideo Convention, being
recognized by other states can be crucial in practice or success. Recognition can affect a new
state’s ability to engage in international relations, join international organizations like the UN,
and it can lend legitimacy on the world stage.
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The debate over whether recognition should be considered in determining statehood is a
complicated concern. On one hand, recognition is seen as an important indicator of an entity’s
acceptance and legitimacy in the international community. On the other hand, many would argue
that making statehood dependent on recognition by other states can be problematic, and lead to
barriers of influence by larger more influential states as it may be influenced by political
considerations rather than objective and balanced criteria.
Part 2:
After reading Principality of Islandia,[4] I do not find the island nor its investors serious about
becoming a state of real significance or legitimacy recognized by international organizations or
treaties. Considering the process of establishing Islandia, the men openly acknowledge that it is
not intended to be a fully functioning nation-state and often make jokes about the lack of
substantial government roles or international relationships. Let us compare whether Islandia
qualifies for admission or recognition as a legitimate state under international law, in accordance
with the UN and the Montevideo Convention. Islandia has made no attempt to apply for
admission. The micronation falls directly under Beliz territory and laws, so it is not selfgoverned and holds no real, defined territory under real control. The island fails to have an
occupied population and no recognized government that would stand a smell test. Finally,
Islandia currently has neither the intention nor a direct means of creating and sustaining real
international relationships with other states any time soon. Because of these reasons, I do not
support Islandia achieving statehood.
Part 3:
Cabal can be recognized as a true state under international laws and treaties and deserves the
opportunities afforded to many legitimate smaller nations throughout the world. We have
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sovereign land governed and protected by a permanent population. Our military, serving as
protection for our state, is made up of both a strong navy and an all-volunteer militia force. We
have a democratically elected government that serves the people under industrialization and
capitalistic principles. We firmly believe that our capacity to create trade with international
partners through open and honest relationships establishes our right, under established
international law, to be recognized as a state by the UN. Anarchy and Boring are but a small part
of the international community, and they deny recognizing the true example Cabal establishes in
terms of governance and fair and honest social programs that benefit all. For these many reasons,
the UN should recognize Cabal as a true and good state among all other members.
[1]
https://www.un.org/en/about-us/about-un-membership
[2]
Id.
[3]
https://avalon.law.yale.edu/20th_century/intam03.asp
[4]
https://edition.cnn.com/travel/article/islandia-lets-buy-an-island-micronation/index.html
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Student #2 Post:
Hello Professor and Classmates,
The concept of State admission in the international-recognized group of States has two major
aspects. The first is that of customary and the other is that of legal. In a legal sense, while there
may be “different aspects” in the recognition of States into the international community of
recognized states, there are basic aspects to the de facto recognition that while may involve
different arrangements between nations, still result in a net understanding of broadly similar
conduct, as for example in customary trade, or respect to traditionally agreed upon boundaries.1
The Montevideo Convention established Rights and Duties of signatory States as in Article 1 establishes criteria for what constitutes a state; Article 2 and 3 – establishes the recognition of a
state as person and provides for the legal characteristic standards for the aspects of the actions
and the interactions of power, authority, and influence required in the quest for a state to be
recognized. (Montevideo Convention Learning Materials). These criteria must exist in
recognition and in fact for a new state to be considered for admission. The state must be defined
by its own set boundaries, its population, its governing authority, and its ability to exert internal
and external power.
The conceptualization of creating a new state for recognition has a couple of draw backs which
tend to be less relevant today. The draw-back of organized population and governance are the
most obvious, however there is also the consideration of any de facto recognition as such newly
created states would not have had time to have any customary interaction or history of such to be
considered. (Borovci, M. (2018), pp. 146, 147). Today the interconnected, transnational freedom
of movement of people, and information flow influences some of the core considerations for
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formal or informal admission into the international community, the states exercise and
maintenance of its population and in its control and authority over the nation’s defined boarders.
Thus, the interactions and customary practices of international organizations can establish a
personage or persona, which will facilitate state admission into the international community
group.2
As with the European admission considerations written into Article 49 of the European Union
Charter, this reflection of the UN steps for admission is based on similar conceptualization
accepting and abiding by the tenets of recognition and understanding of the rights and
responsibilities of the petitioning states, governing mutual respect, fealty, and cooperation among
and between states as ordered by the charter of the UN.3
Thus, in meeting the requirements of admission to the UN family of nations the states admitted
acquire a global status of recognition based on the territorial state integrity, person-hood,
authority, and ability to assume authorizing actions accordingly the charter of the UN which can
be exercised both internally and external of the new nation seeking admission.4
An Addendum
As I now better understand the first assignment of ambassadorial nation to which I belong the
State of Cabal is described as a small nation/ state of highly educated populace of about 150
million with vast majority of men serving in four-year mandatory military service to the nation of
Cabal. An Island Nation with a very able fleet of merchants and sea going military for the
protection of its seagoing enterprises and the national coastal waters. A smaller but elite trained
land military and an even smaller Air Force provides for the nation’s protection beyond aspects
of its major merchant business export and imports. It operates within the guidelines of the
international charter for self-protection and only enters into agreements that further the national
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goals of merchant and marine exchange it has no other interests in commerce and the main
export is the products harvested from its own waters and under agreements made with other
nations, the waters of those nations who recognize and with whom the nation of Cabal does
business. The Nation of Cabal has not been, nor ever intend, intend to be an aggressor nation but
has the power and the will to defend it territory. It will and has followed the dictates of the
international law charters on the use of force even though it is only now addressing the matter of
requesting members hip into the UN family of nations. Thus, as Cabal has some informal
customary recognition through commerce exchange with other nations and have shown the intent
to abide and respect the tenets of the international community of states, this would make Cabal a
nation as inline with its defined territory, population and governance over the nations resources
and commerce.
_________________
1. (“Admission of new states as members of the international community is made on the basis of
an individual or collective recognition decision by existing states, and these countries base their
decision on whether, in their opinion, the candidate is able and willing to comply with
international law.” (the author here cites, (Hillgruber, 1998, p. 500), (Borovci, M. (2018), p. 145)
These varying aspects could be said to be direct or indirect as well. (id., p. 145)
2. (“Full membership in international organizations is open only to states. Thus, according to
Article 4 of the United Nations Charter, Membership in the United Nations is open to all peaceloving States which accept the obligations contained in the Charter, and in the judgment of the
Organization, are able and willing to carry out these obligations. Hence, this provision makes it
clear that membership in the UN is open only to states and that membership means that the UN is
recognizing this entity as a state.”) (Borovci, M. (2018), p. 137)
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3. (“Similarly, the Treaty on European Union in its Article 49 stipulates that Any European
country that respects the values referred to in Article 2 and is committed to promoting them may
apply to become a member of the Union.”) (Borovci, M. (2018), pp. 147-149) also see (Grant,
John P. (2010), chap. 7.)
4. (Borovci, M. (2018), intro., p. 144 – “In the process of accepting new states in their
membership, international intergovernmental organizations play an important role in
acknowledging the fact that the applicant for membership is a state as full membership in
international organizations is open only to states.”) also see Stojanovska-Stefanova, Aneta
Atanasoski, Drasko, (2016) – “Sovereignty is generally acquired in five manners, out of which
four are being recognized by the international law5.” …author citation here is – “5 Aneta
Stojanovska, Process and Methods for Recognition of States, ANNUAL YEARBOOK—LAW
FACULTY 267 (@-ri Avgust-Stip: Goce Delcev University-Stip 2009). ISSN 1857-7229.” (p.
27)
Reference
Borovci, M. (2018). The Role of International Organizations in the Recognition and Nonrecognition of States in International Law. Acta Universitatis Danubius. Juridica, 14(2), 144–
157.
Grant, John P. (2010), International Law, Edinburgh University Press, ProQuest Ebook Central,
Stojanovska-Stefanova, Aneta Atanasoski, Drasko, (2016), STATE AS A SUBJECT OF
INTERNATIONAL LAW, US-China Law Review, Vol 13, DOI 10.17265/1548-6605/2016.01.003
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Student #3 (KS) Post:
Hello Class,
1. Statehood: The criteria for determining statehood on the international stage, especially for
becoming a member state of the United Nations (UN), are based on generally accepted principles
of international law. The key elements are often referred to as the Montevideo criteria, named
after the Montevideo Convention on the Rights and Duties of States, which was adopted in 1933.
Montevideo Convention on the Rights and Duties of States:
The Montevideo Convention outlines the following criteria for statehood:
a. Permanent Population: A state should have a stable and permanent population. This
means that there should be a group of people who reside within the defined territory on
an ongoing basis.
b. Defined Territory: A state must have a specific geographic area with recognized
borders. The territory should be distinguishable and defined.
c. Government: A state should have a government that effectively governs the people and
exercises control over the defined territory. The government should have the capacity to
enter into relations with other states.
d. Capacity to Enter into Relations with Other States: A state should have the ability to
engage in diplomatic and legal relationships with other states. This involves having a
government that represents the state’s interests internationally.
UN Membership:
To become a member state of the United Nations, a country typically goes through a process that
involves recognition by other states and a recommendation from the UN Security Council. The
Security Council’s recommendation is then subject to approval by the General Assembly.
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Recognition and Statehood:
Recognition by other states is not a strict requirement for statehood. The Montevideo Convention
does not explicitly mention recognition as a criterion. A state can exist and function without
being formally recognized by other states. However, recognition is a practical consideration in
international relations and diplomacy.
States often engage in bilateral and multilateral recognition to establish diplomatic relations and
promote cooperation. The level of recognition a state receives can affect its standing in the
international community and its ability to participate in various international organizations.
Importance of Recognition:
While recognition is not a strict legal requirement for statehood, it plays a significant role in the
international arena. Recognition by other states and international organizations is crucial for a
state’s participation in diplomatic, economic, and legal interactions. It can confer legitimacy and
establish the basis for mutually beneficial relationships.
2. Micronationalism: the establishment or claiming of a small, often symbolic, independent
entity as a sovereign nation, typically by a small group of individuals or even a single person.
These entities, known as micronations, are usually not officially recognized by established
governments or international organizations.
Islandia is micronation, and will likely never achieve statehood, as it is missing several of the
criteria that define a state. It is near impossible for the small cay to support a permanent
population, especially with protections on the barrier reefs and mangroves. This, in turn, makes it
near impossible to have a standing government that can both support its interests and represent
itself in the international community. The idea is little more than a gimmick. It is an extension of
the state of Belize, offering potential jobs for Belizean locals and tourism for internationals.
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3. Is Cabal a State?
Cabal qualifies as a legitimate state according to the criteria explained in above. The territory is
governed and protected by a stable population. It maintains a defense force comprising a robust
navy and a voluntary militia. Governed democratically, the elected government upholds
industrialization and capitalist principles for the benefit of the people. Finally, Cabal has the
capacity to interact and cooperate with international partners, with mutual regional trade and
security interests.
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Student #4 Post:
Question #1
Statehood makes up the laws and politics for national and international levels (Watts, n.d.). To
become a member state of the United Nations the state must have the following qualifications
permanent population, defined territory, government, and the ability to enter other relations with
other states (Watts, n.d.) The importance of Montevideo Convention to statehood is that it brings
together different states to make an international community (Watts, n.d.). Recognition should be
considered when examining whether a country is a state so that existing countries have been able
to evaluate if the State is an actual entity or if requirements have not been met for the group to be
defined as a state of the United Nations. This helps ensure that places are not being considered a
state if noone occupies the land.
Question #2
The Principality of Islandia will have trouble achieving statehood because the article references
that the island follows Belize rules and regulations (Collett, 2022). The island will appear to
already be under a state if they fall within Belize territory. The island is not designed to be self
sufficient yet and the island is in danger of rising sea-level. When I say self sufficient there are
no buildings on the island, a way to get food, or running water established yet. There are people
that have bought in to buying a share of the island, but the island is not habitable yet. The article
did not mention that there were permanent residents here (Collett, 2022). There would need to be
major updates made to the island for someone to be able to stay a permanent resident and meet
one of the criteria to be a statehood.
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Question #3
The anarchy is recognized by the United Nations as a state. There are permanent residents,
defined territories, the sheriff governs the island, and the island does have the ability if they
choose to have relations with other islands. The biggest thing that stands out to me about the
anarchy is the fact that there are people living full-time on the island.
Reference:
Collett, R. (2022). They Bought a Caribbean Island to start their own country. Retrieved
from https://www.cnn.com/travel/article/islandia-lets-buy-an-island-micronation/index.html
Watts, A. (n.d.). State/Nation-State. Retrieved from https://pesd.princeton.edu/node/676
END PART I
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PART II
MY POST:
Week 2: Statehood
Q1
A member state of the United Nations gains statehood status internationally when it fulfills
specific international law requirements. The Montevideo Convention defines this criterion. If
these conditions are present, existing States are under the duty to grant recognition (Rossman,
2016).
Per the Montevideo Convention, the criteria for statehood are:
•
Possess a defined territory
•
Inhabited by permanent population
•
Controlled by an independent government
•
Capacity to engage in formal relations with other states
The Convention indicates that a state must possess a defined territory. It should also have
a permanent population and an independent government. Besides, a state must be able to engage
in formal relations with other states. The Convention emphasizes the independence of a state’s
political existence, irrespective of recognition by other states. Additionally, the UN membership
further requires a state to accept the obligations outlined in the UN Charter. A nation should also
demonstrate the ability to fulfill these obligations. The Montevideo Convention is a charter that
explains states’ rights and duties. It establishes the fundamental principles, including equality of
states, non-intervention, and territory inviolability. The Convention is important because it offers
a framework for assessing statehood. Recognition is a debated aspect of statehood. The
Declaratory Theory argues that meeting specific criteria makes a state, regardless of recognition
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(Buergenthal & Murphy, 2013). However, the Constitutive Theory asserts that recognition by
other states is crucial. That recognition means a political declaration of willingness to enter
normal diplomatic relations. My position is that recognition solidifies a state’s international
status and rights. Key point elements of the recognition procedure include 9 approving votes out
of the 15 members of the Security Council provided no vetoes of either one of the 5 permanent
members of the Security Council: France, Great Britain, China, the Russian Federation, or the
United States of America.
Q2
The Principality of Islandia faces considerable obstacles in achieving statehood. Despite
acquiring Coffee Caye and creating symbolic national elements, it remains a micronation that
lacks international recognition (Collett, 2022). The democratic decision-making process and
focus on tourism and development are fascinating. However, these two tenets diverge from
conventional statehood criteria. Islandia’s status appears more symbolic and experimental.
Hence, it does not align with the recognized legal and political processes required for
international acknowledgment as a sovereign state.
Q3
Drawing from the Montevideo Convention, the State of Boring meets the criteria for statehood.
The State of Boring is an island nation, meaning that it has a defined territory. The state has a
ruling dynasty, a prince, working-class people, and families. This implies that the nation has a
permanent population. A monarchy rules the State of Boring; this suggests that the state has an
independent government. The state is a member of the United Nations, which shows that the
country can engage in formal relations with other states.
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References
Buergenthal, T. & Murphy, S. D. (2013). Public International Law In a Nutshell. New York:
West.
Collett, R. (2022). They bought a Caribbean island to start their own country. CNN.
https://edition.cnn.com/travel/article/islandia-lets-buy-an-island-micronation/index.html
Rossman, G. (2016). Extremely Loud and Incredibly Close (But Still So Far): Assessing
Liberland’s Claim of Statehood. Chicago Journal of International Law, 17(1), 306-339.
Please respond to professor question
Professor follow-up:
Does politics play a role in statehood issues? Please explain to the class.
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LSTD507 INTERNATIONAL LAW ALL WKS READING MATERIALS
WK1
The Nature, Development, and Sources of International Law
Welcome Ambassadors!
Throughout this course, we will be using a simulation of three nation states for our discussions
and the projects in the Assignments tab. At times, you may need to reach out to a fellow student
or your professor to complete the tasks. Each person in the class will be assigned to one of the
three island nations of:
State of Anarchy (A)
State of Boring (B)
State of Cabal (C)
For the purposes of this class, you will be an ambassador representing the people of a nation state
based upon your last name:
If your last name starts with A through I – You represent the State of Anarchy (A)
2
If your last name starts with J through Q – You represent the State of Boring (B) (I am
here)
If your last name starts with R through Z – You represent the State of Cabal (C)
*If there are no students in the class with a last name that can be assigned to one of the above
nations, your professor will be reassigning students to different countries or will be filling in and
representing that country. You may contact them to complete any assignments or discussions as
needed.
Background of Your State:
Please read below to learn more about the background of your Island, before completing this
week’s discussion.
State of Anarchy (A):
In this country, the people do not believe in a central government. Despite this fact, this nation is
a recognized state in the United Nations and recognized by the rest of the world as a member
state. Its lengthy existence and role in the world has outweighed its need for a centralized
government. It rules in a very lawless way, through the use of the citizens’ own firearms and
make the rules up in each town or city as needed, which is governed by a sheriff of their
choosing. Despite the lack of regulation, the citizens tend to be quite self sufficient, living off
the land and sea. They do not believe in taxation of any sort. Living here can be quite dangerous
due to gangs and the ruthless individuals who roam the countryside. Due to the lack of laws,
there are many vices, such as gambling, prostitution and drugs. Many tourists enjoy coming to
visit to partake in the party lifestyle offered by Anarchy, which contributes greatly to its
economy.
State of Boring (B):
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The State of Boring is ruled by a King, who controls all lands on his island nation. It too is a part
of the United Nations and maintains member state recognition. The ruler comes from a familial
dynasty that has ruled for hundreds of years and will someday be passed to his son, the
prince. The country is an industrial nation that creates goods which are exported to many other
nations. It also has a rich farming history. Due to its tight regulations, the people of this nation
value environmental conservation, organic foods, well made luxury items, and a much quieter
life than its neighbors in the State of Anarchy. In fact, obtaining a visa to visit Boring is quite
difficult; it has highly monitored borders. This prevents many outsiders from entering the lands,
and in some cases, has separated families with those who have left the island for many
years. Lastly, the taxes required to be paid to the monarchy here are quite high and can be at
times oppressive to those in the working class.
State of Cabal (C):
The state of Cabal consists of residents of Anarchy and Boring who braved the dangerous ocean
waters in their boats to travel to a new island that was vacant. Having resisted the overbearing
rule of the State of Boring and fearing for their lives on the State of Anarchy, these residents
sought refuge in a new land where they could create a country of their own. This land is one of
peace and harmony that is governed by a centralized government chosen by the people. They are
interested in pursuing trade with other countries to import and export their goods, as well as
beginning an industrial revolution in manufacturing. It is a capitalist society. The taxes go to
fund social programs to benefit the residents. The country has submitted for statehood to
become a member of the United Nations; however, Anarchy and Boring refuse to recognize it as
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one as they see it only as composed of traitors who left their respective countries. This tends to
be one of the few things that Anarchy and Boring have ever agreed upon throughout history.
Participation:
Please note that the activities in this class will require you to actively participate with your
classmates and instructor each week. You are encouraged to participate as early as possible in
the discussions each week, so that you have plenty of time to complete your weekly assignments
in the Assignments tab. However, the standards have been built so that even if nobody else
participates, you can still succeed. Because you will be graded in this way, there is no reason to
fear any possibility that your grade will be negatively affected if your classmates or a partner
does not fully participate. If that should ever happen, such a failure will affect only those who do
not carry out their collaborative duties; it will not affect those who do fully participate. If you
have DSA extension paperwork, please be sure to provide this to your instructor as soon as
possible in Week 1. Don’t hesitate to communicate actively and often with your instructor, as
well as your partner on assignments. Your instructor can step into the role of a partner or
classmate as needed throughout the class to help you complete discussions and
assignments. They can also assist you if you need additional time to complete an
assignment. Your instructor’s email address is found on the ‘Course Home’ tab of the class above
by scrolling down and looking to the right-hand side of the page under their photograph. Most
importantly, have fun!
Week One Introduction:
This week, we will be examining and discussing what international law, where it comes from,
and sources of international law. As you learn about these topics each week, consider how they
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apply to your island state, their importance in the world today, as well as how these issues are
changing daily around the world depending on your perspective.
In addition to our Welcome Discussion, you will complete the Week 1 Discussion in which there
are two parts. Part 1: We will be discussing whether international law truly is law, as well as
where it comes from. Part 2: You will need to find the others in the class to discuss your
assigned country. There will be questions posed to your country that you should decide upon as
a group. You may discuss these directly in your assigned discussion forum, via instant message,
email or by phone. However, don’t forget to post your answers to share with the class in the
discussion forum.
After you complete these tasks in the discussion, you should then complete the Week 1
Assignment in the Assignments tab under Course Tools, as well. Don’t forget, if you are the only
one assigned to a particular group, you may consult with your professor. However, for the Week
1 Discussion, if you are alone, you are free to make all of the selections independently and do not
need your professor’s input or approval.
What is International Law?
Quite simply, international law is the study of the laws that govern the world. It involves the
legal analysis of basic fundamentals of the source of law that are applicable to many nations,
individuals, organizations and businesses. International law is incredibly vast in that it contains
many topics, such as travel, commerce, war, fundamental rights, environment, species, human
kind, maritime, agreements, politics, communications, etc.
As a student of law, you have the ability to further advance your studies in many specific areas of
international law. In this course, we will be examining the fundamentals of international law,
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such as statehood and subjects, use of force and war, international human rights and international
humanitarian law, world courts, law of the seas, and international environmental law.
Many scholars have long debated whether international law is law at all. When analyzing
national law, such as in the United States, it is much easier to examine the history, context
creation, enforcement and adjudication of law. We have rigid societal norms that carry out the
creation and application of laws. For example, governmental leaders create laws which have the
intent to protect the people which are limited to certain geographic boundaries in which they
maintain jurisdiction. Individuals in that jurisdiction are also in charge of enforcing those laws
and, should they be breached, there are set mechanisms for enforcement and adjudication. Real
consequences exist in society for a breach of law, which in turn are enforced by someone or
something in society.
Unlike national laws, there is not one individual/organism/organization that is in charge of the
entire planet that creates laws, enforces them and adjudicates them. While many have argued
that the UN functions in many ways as the controlling authority for international law in the
world, it is not alone and it only governs those nations that are members. We will examine this
further in the upcoming weeks.
Therefore, international laws are much different in that they come from a multitude of
