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Sovereign state

A sovereign state is a political entity that is represented by one centralized government that has sovereignty over a geographic area. International law defines sovereign states as having a permanent population, defined territory, one government and the capacity to enter into relations with other sovereign states. It is also normally understood that a sovereign state is independent. According to the declarative theory of statehood, a sovereign state can exist without being recognised by other sovereign states. Unrecognised states will often find it difficult to exercise full treaty-making powers or engage in diplomatic relations with other sovereign states.

Since the end of the 19th century, almost the entire globe has been divided into sections (countries) with more or less defined borders assigned to different states. Previously, quite large plots of land were either unclaimed or deserted, or inhabited nomadic peoples that were not organized into states. However, even in modern states, there are large remote areas, such as the Amazon's tropical forests, that are either uninhabited or inhabited exclusively or mainly by indigenous people (and some of them are still not in constant contact). There are also States that do not exercise de facto control over their entire territory, or where this control is disputed.

Currently, the international community includes more than 200 sovereign states, most of which are represented in the United Nations. These states exist in a system of international relations, where each state takes into account the policies of other states by making its own calculations. From this point of view, States are integrated into the international system of special internal and external security and legitimization of the dilemma. Recently, the concept of the international community has been formed to refer to a group of States that have established rules, procedures and institutions for the implementation of relations. Thus, the foundation for international law, diplomacy between officially recognized sovereign states, their organizations and formal regimes has been laid.

Westphalian sovereignty is the concept of nation-state sovereignty based on territoriality and the absence of a role for external agents in domestic structures. It is an international system of states, multinational corporations, and organizations that began with the Peace of Westphalia in 1648.

Sovereignty is a term that is frequently misused. Up until the 19th century, the radicalised concept of a "standard of civilization" was routinely deployed to determine that certain people in the world were "uncivilized", and lacking organised societies. That position was reflected and constituted in the notion that their "sovereignty" was either completely lacking or at least of an inferior character when compared to that of the "civilized" people." Lassa Oppenheim said, "There exists perhaps no conception the meaning of which is more controversial than that of sovereignty. It is an indisputable fact that this conception, from the moment when it was introduced into political science until the present day, has never had a meaning, which was universally agreed upon." In the opinion of H. V. Evatt of the High Court of Australia, "sovereignty is neither a question of fact, nor a question of law, but a question that does not arise at all."

Sovereignty has taken on a different meaning with the development of the principle of self-determination and the prohibition against the threat or use of force as jus cogens norms of modern international law. The United Nations Charter, the Draft Declaration on Rights and Duties of States, and the charters of regional international organizations express the view that all states are juridically equal and enjoy the same rights and duties based upon the mere fact of their existence as persons under international law. The right of nations to determine their own political status and exercise permanent sovereignty within the limits of their territorial jurisdictions is widely recognized.

In political science, sovereignty is usually defined as the most essential attribute of the state in the form of its complete self-sufficiency in the frames of a certain territory, that is its supremacy in the domestic policy and independence in the foreign one.

Named after the 1648 Treaty of Westphalia, the Westphalian System of state sovereignty, which according to Bryan Turner is "made a more or less clear separation between religion and state, and recognized the right of princes 'to confessionalize' the state, that is, to determine the religious affiliation of their kingdoms on the pragmatic principle of cuius regio eius religio [whose realm, his religion]."

Before 1900 sovereign states enjoyed absolute immunity from the judicial process, derived from the concepts of sovereignty and the Westphalian equality of states. First articulated by Jean Bodin, the powers of the state are considered to be suprema potestas within territorial boundaries. Based on this, the jurisprudence has developed along the lines of affording immunity from prosecution to foreign states in domestic courts. In The Schooner Exchange v. M'Faddon, Chief Justice John Marshall of the United States Supreme Court wrote that the "perfect equality and absolute independence of sovereigns" has created a class of cases where "every sovereign is understood to waive the exercise of a part of that complete exclusive territorial jurisdiction, which has been stated to be the attribute of every nation".

Absolute sovereign immunity is no longer as widely accepted as it has been in the past, and some countries including the United States, Canada, Singapore, Australia, Pakistan, and South Africa have introduced restrictive immunity by statute, which explicitly limits jurisdictional immunity to public acts, but not private or commercial ones, though there is no precise definition by which public acts can easily be distinguished from private ones.

State recognition signifies the decision of a sovereign state to treat another entity as also being a sovereign state. Recognition can be either expressed or implied and is usually retroactive in its effects. It does not necessarily signify a desire to establish or maintain diplomatic relations.

No definition is binding on all the members of the community of nations on the criteria for statehood. In actual practice, the criteria are mainly political, not legal. L.C. Green cited the recognition of the unborn Polish and Czechoslovak states in World War I and explained that "since recognition of statehood is a matter of discretion, it is open to any existing State to accept as a state any entity it wishes, regardless of the existence of territory or of an established government."

In international law, however, there are several theories of when a state should be recognised as sovereign.

Constitutive theory

The constitutive theory of statehood defines a state as a person of international law if, and only if, it is recognised as sovereign by at least one other state. This theory of recognition was developed in the 19th century. Under it, a state was sovereign if another sovereign state recognised it as such. Because of this, new states could not immediately become part of the international community or be bound by international law, and recognised nations did not have to respect international law in their dealings with them. In 1815, at the Congress of Vienna, the Final Act recognised only 39 sovereign states in the European diplomatic system, and as a result, it was firmly established that in the future new states would have to be recognised by other states, and that meant in practice recognition by one or more of the great powers.

One of the major criticisms of this law is the confusion caused when some states recognise a new entity, but other states do not. Hersch Lauterpacht, one of the theory's main proponents, suggested that a state must grant recognition as a possible solution. However, a state may use any criteria when judging if they should give recognition and they have no obligation to use such criteria. Many states may only recognise another state if it is to their advantage.

In 1912, L. F. L. Oppenheim said the following, regarding constitutive theory:

International Law does not say that a State is not in existence as long as it is not recognised, but it takes no notice of it before its recognition. Through recognition only and exclusively a State becomes an International Person and a subject of International Law.

Declarative theory

Main article: Montevideo Convention

By contrast, the declarative theory of statehood defines a state as a person in international law if it meets the following criteria: 1) a defined territory; 2) a permanent population; 3) a government and 4) a capacity to enter into relations with other states. According to declarative theory, an entity's statehood is independent of its recognition by other states, as long as the sovereignty was not gained by military force. The declarative model was most famously expressed in the 1933 Montevideo Convention.

A 'territory' in the international law context consists of land territory, internal waters, territorial sea, and air space above the territory. There is no requirement on strictly delimited borders or minimum size of the land, but artificial installations and uninhabitable territories cannot be considered as territories sufficient for statehood. The term 'permanent population' defines the community that has the intention to inhabit the territory permanently and is capable to support the superstructure of the State, though there is no requirement of a minimum population. The government must be capable of exercising effective control over a territory and population (the requirement known in legal theory as 'effective control test') and guarantee the protection of basic human rights by legal methods and policies. The 'capacity to enter into relations with other states' reflects the entity's degree of independence.

Article 3 of the Montevideo Convention declares that political statehood is independent of recognition by other states, and the state is not prohibited from defending itself. In contrast, recognition is considered a requirement for statehood by the constitutive theory of statehood. An important part of the convention was Article 11 that prohibits using military force to gain sovereignty.

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, which found that a state was defined by having a territory, a population, government, and capacity to enter into relations with other states.

State recognition

State practice relating to the recognition of states typically falls somewhere between the declaratory and constitutive approaches. International law does not require a state to recognise other states. Recognition is often withheld when a new state is seen as illegitimate or has come about in breach of international law. Almost universal non-recognition by the international community of Rhodesia and Northern Cyprus are good examples of this, the former only having been recognized by South Africa, and the latter only recognized by Turkey. In the case of Rhodesia, recognition was widely withheld when the white minority seized power and attempted to form a state along the lines of Apartheid South Africa, a move that the United Nations Security Council described as the creation of an "illegal racist minority régime". In the case of Northern Cyprus, recognition was withheld from a state created in Northern Cyprus. International law contains no prohibition on declarations of independence, and the recognition of a country is a political issue. As a result, Turkish Cypriots gained "observer status" in the Parliamentary Assembly of the Council of Europe, and their representatives are elected in the Assembly of Northern Cyprus; and Northern Cyprus became an observer member of the Organisation of Islamic Cooperation and the Economic Cooperation Organization.

De facto and de jure states

De facto map of control of the world, May 2019.

Most sovereign states are both de jure and de facto (i.e., they exist both in law and in reality). However, states which are only de jure states are sometimes recognised as being the legitimate government of a territory over which they have no actual control. For example, during the Second World War, governments-in-exile of several states continued to enjoy diplomatic relations with the Allies, notwithstanding that their countries were under occupation by Axis powers. The PLO and Palestinian Authority claim that the State of Palestine is a sovereign state, a claim which has been recognised by most states, though most of the territory it claims is under the de facto control of Israel. Other entities may have de facto control over a territory but lack international recognition; these may be considered by the international community to be only de facto states. They are considered de jure states only according to their own law and by states that recognise them. For example, Somaliland is commonly considered to be such a state. For a list of entities that wish to be universally recognised as sovereign states, but do not have complete worldwide diplomatic recognition, see the list of states with limited recognition.

Although the terms "state" and "government" are often used interchangeably, international law distinguishes between a non-physical state and its government; and in fact, the concept of "government-in-exile" is predicated upon that distinction. States are non-physical juridical entities, and not organisations of any kind. However, ordinarily, only the government of a state can obligate or bind the state, for example by treaty.

Generally speaking, states are durable entities, though they can become extinguished, either through voluntary means or outside forces, such as military conquest. Violent state abolition has virtually ceased since the end of World War II. Because states are non-physical juridical entities, it has been argued their extinction cannot be due to physical force alone. Instead, the physical actions of the military must be associated with the correct social or judiciary actions in order to abolish a state.

The ontological status of the state has been the subject of debate, especially, whether or not the state, being an object that no one can see, taste, touch, or otherwise detect, actually exists.

The state as "quasi-abstract"

It has been argued that one potential reason as to why the existence of states has been controversial is because states do not have a place in the traditional Platonist duality of the concrete and the abstract. Characteristically, concrete objects are those that have a position in time and space, which states do not have (though their territories have a spatial position, states are distinct from their territories), and abstract objects have a position in neither time nor space, which does not fit the supposed characteristics of states either, since states do have a temporal position (they can be created at certain times and then become extinct at a future time). Therefore, it has been argued that states belong to a third category, the quasi-abstract, that has recently begun to garner philosophical attention, especially in the area of documentality, an ontological theory that seeks to understand the role of documents in understanding all of social reality. Quasi-abstract objects, such as states, can be brought into being through document acts, and can also be used to manipulate them, such as by binding them by treaty or surrendering them as the result of a war.

Scholars in international relations can be broken up into two different practices, realists and pluralists, of what they believe the ontological state of the state is. Realists believe that the world is one of only states and interstate relations and the identity of the state is defined before any international relations with other states. On the other hand, pluralists believe that the state is not the only actor in international relations and interactions between states and the state is competing against many other actors.

The state as "spiritual entity"

Another theory of the ontology of the state is that the state is a spiritual, or "mystical entity" with its own being, distinct from the members of the state. The German Idealist philosopher Georg Hegel (1770–1831) was perhaps the greatest proponent of this theory. The Hegelian definition of the state is "the Divine Idea as it exists on Earth".

Since the end of World War II, the number of sovereign states in the international system has surged. Some research suggests that the existence of international and regional organisations, the greater availability of economic aid, and greater acceptance of the norm of self-determination have increased the desire of political units to secede and can be credited for the increase in the number of states in the international system. Harvard economist Alberto Alesina and Tufts economist Enrico Spolaore argue in their book, Size of Nations, that the increase in the number of states can partly be credited to a more peaceful world, greater free trade and international economic integration, democratisation, and the presence of international organisations that co-ordinate economic and political policies.

Citations

  1. See the following:
    • Shaw, Malcolm Nathan (2003).International law. Cambridge University Press. p. 178. Article 1 of the Montevideo Convention on Rights and Duties of States, 1 lays down the most widely accepted formulation of the criteria of statehood in international law. It note that the state as an international person should possess the following qualifications: '(a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with other states'.
    • Jasentuliyana, Nandasiri, ed. (1995). Perspectives on international law. Kluwer Law International. p. 20. So far as States are concerned, the traditional definitions provided for in the Montevideo Convention remain generally accepted.
  2. See the following:
    • Wheaton, Henry (1836). Elements of international law: with a sketch of the history of the science. Carey, Lea & Blanchard. p. 51. A sovereign state is generally defined to be any nation or people, whatever may be the form of its internal constitution, which governs itself independently of foreign powers.
    • "sovereign", The American Heritage Dictionary of the English Language (4th ed.), Houghton Mifflin Company, 2004, retrieved21 February 2010, adj. 1. Self-governing; independent: a sovereign state.
    • "sovereign", The New Oxford American Dictionary (2nd ed.), Oxford: Oxford University Press, 2005, ISBN 978-0-19-517077-1, adjective ... [ attrib. ] (of a nation or state) fully independent and determining its own affairs.
    • Alain Pellet (1992). "The Opinions of the Badinter Arbitration Committee"(PDF). European Journal of International Law. 3 (1): 182. The Committee considers [...] that the state is commonly defined as a community which consists of a territory and a population subject to an organized political authority; that such a state is characterized by sovereignty; [...]
  3. Thomas D. Grant, The recognition of states: law and practice in debate and evolution (Westport, Connecticut: Praeger, 1999), chapter 1.
  4. Lauterpacht, Hersch (2012). Recognition in International Law. Cambridge University Press. p. 64. ISBN 9781107609433. Retrieved19 January 2018.
  5. Krasner, Stephen D. (1999). Sovereignty: Organised Hypocrisy. Princeton University Press. ISBN 978-0-691-00711-3.
  6. Núñez, Jorge Emilio (2013). "About the Impossibility of Absolute State Sovereignty". International Journal for the Semiotics of Law. 27 (4): 645–664. doi:10.1007/s11196-013-9333-x. S2CID 150817547.
  7. Wilde, Ralph (2009). "From Trusteeship to Self-Determination and Back Again: The Role of the Hague Regulations in the Evolution of International Trusteeship, and the Framework of Rights and Duties of Occupying Powers". Loy. L.A. Int'l & Comp. L. Rev. 31: 85–142 [p. 94].
  8. Lassa Oppenheim, International Law 66 (Sir Arnold D. McNair ed., 4th ed. 1928)
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  11. "Draft Declaration on Rights and Duties of States"(PDF). UN Treaty Organization. 1949. Retrieved21 November 2010.
  12. "General Assembly resolution 1803 (XVII) of 14 December 1962, "Permanent sovereignty over natural resources"". United Nations. Archived from the original on 18 February 2011. Retrieved21 November 2010.
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  14. "OHCHR | International Covenant on Civil and Political Rights". www.ohchr.org.
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  16. Turner, Bryan (July 2007). "Islam, Religious Revival and the Sovereign State". Muslim World. 97 (3): 405–418. doi:10.1111/j.1478-1913.2007.00187.x.
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  19. "Recognition", Encyclopedia of American Foreign Policy.
  20. See B. Broms, "IV Recognition of States", pp 47-48 in International law: achievements and prospects, UNESCO Series, Mohammed Bedjaoui(ed), Martinus Nijhoff Publishers, 1991, ISBN 92-3-102716-6 [2]
  21. See Israel Yearbook on Human Rights, 1989, Yoram Dinstein, Mala Tabory eds., Martinus Nijhoff Publishers, 1990, ISBN 0-7923-0450-0, page 135-136 [3]
  22. Hillier, Tim (1998). Sourcebook on Public International Law. Routledge. pp. 201–2. ISBN 978-1-85941-050-9.
  23. Kalevi Jaakko Holsti Taming the Sovereigns p. 128.
  24. Lassa Oppenheim, Ronald Roxburgh (2005). International Law: A Treatise. The Lawbook Exchange, Ltd. p. 135. ISBN 978-1-58477-609-3.
  25. Hersch Lauterpacht (2012). Recognition in International Law. Cambridge University Press. p. 419. ISBN 9781107609433.
  26. Bachmann, Sascha Dov; Prazauskas, Martinas (19 December 2019). "The Status of Unrecognized Quasi-States and Their Responsibilities Under the Montevideo Convention". The International Lawyer. 52 (3): 400–410. Retrieved19 May 2020 – via SSRN.
  27. "CONVENTION ON RIGHTS AND DUTIES OF STATES". www.oas.org.
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  31. United Nations Security Council Resolution 216
  32. United Nations Security Council Resolution 541
  33. BBC The President of the International Court of Justice (ICJ) Hisashi Owada (2010): "International law contains no prohibition on declarations of independence."
  34. Oshisanya, An Almanac of Contemporary and Comperative Judicial Restatement, 2016 p.64: The ICJ maintained that ... the issue of recognition was apolitical.
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  36. Staff writers (20 February 2008). "Palestinians 'may declare state'". BBC News. British Broadcasting Corporation. Retrieved22 January 2011.:"Saeb Erekat, disagreed arguing that the Palestine Liberation Organisation had already declared independence in 1988. "Now we need real independence, not a declaration. We need real independence by ending the occupation. We are not Kosovo. We are under Israeli occupation and for independence we need to acquire independence".
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Sources

Sovereign state
Sovereign state Article Talk Language Watch Edit A sovereign state is a political entity that is represented by one centralized government that has sovereignty over a geographic area International law defines sovereign states as having a permanent population defined territory one government and the capacity to enter into relations with other sovereign states 1 It is also normally understood that a sovereign state is independent 2 According to the declarative theory of statehood a sovereign state can exist without being recognised by other sovereign states 3 4 Unrecognised states will often find it difficult to exercise full treaty making powers or engage in diplomatic relations with other sovereign states Member states of the United Nations UN as defined by the UN All members of the UN are sovereign states though not all sovereign states are necessarily members Contents 1 History 2 Westphalian sovereignty 3 Recognition 3 1 Constitutive theory 3 2 Declarative theory 3 3 State recognition 3 4 De facto and de jure states 4 Relationship between state and government 5 State extinction 6 Ontological status of the state 6 1 The state as quasi abstract 6 2 The state as spiritual entity 7 Trends in the number of states 8 See also 9 References 9 1 Citations 9 2 Sources 10 Further reading 11 External linksHistory EditSince the end of the 19th century almost the entire globe has been divided into sections countries with more or less defined borders assigned to different states Previously quite large plots of land were either unclaimed or deserted or inhabited nomadic peoples that were not organized into states However even in modern states there are large remote areas such as the Amazon s tropical forests that are either uninhabited or inhabited exclusively or mainly by indigenous people and some of them are still not in constant contact There are also States that do not exercise de facto control over their entire territory or where this control is disputed Currently the international community includes more than 200 sovereign states most of which are represented in the United Nations These states exist in a system of international relations where each state takes into account the policies of other states by making its own calculations From this point of view States are integrated into the international system of special internal and external security and legitimization of the dilemma Recently the concept of the international community has been formed to refer to a group of States that have established rules procedures and institutions for the implementation of relations Thus the foundation for international law diplomacy between officially recognized sovereign states their organizations and formal regimes has been laid Westphalian sovereignty EditMain article Westphalian sovereignty Westphalian sovereignty is the concept of nation state sovereignty based on territoriality and the absence of a role for external agents in domestic structures It is an international system of states multinational corporations and organizations that began with the Peace of Westphalia in 1648 Sovereignty is a term that is frequently misused 5 6 Up until the 19th century the radicalised concept of a standard of civilization was routinely deployed to determine that certain people in the world were uncivilized and lacking organised societies That position was reflected and constituted in the notion that their sovereignty was either completely lacking or at least of an inferior character when compared to that of the civilized people 7 Lassa Oppenheim said There exists perhaps no conception the meaning of which is more controversial than that of sovereignty It is an indisputable fact that this conception from the moment when it was introduced into political science until the present day has never had a meaning which was universally agreed upon 8 In the opinion of H V Evatt of the High Court of Australia sovereignty is neither a question of fact nor a question of law but a question that does not arise at all 9 Sovereignty has taken on a different meaning with the development of the principle of self determination and the prohibition against the threat or use of force as jus cogens norms of modern international law The United Nations Charter the Draft Declaration on Rights and Duties of States and the charters of regional international organizations express the view that all states are juridically equal and enjoy the same rights and duties based upon the mere fact of their existence as persons under international law 10 11 The right of nations to determine their own political status and exercise permanent sovereignty within the limits of their territorial jurisdictions is widely recognized 12 13 14 In political science sovereignty is usually defined as the most essential attribute of the state in the form of its complete self sufficiency in the frames of a certain territory that is its supremacy in the domestic policy and independence in the foreign one 15 Named after the 1648 Treaty of Westphalia the Westphalian System of state sovereignty which according to Bryan Turner is made a more or less clear separation between religion and state and recognized the right of princes to confessionalize the state that is to determine the religious affiliation of their kingdoms on the pragmatic principle of cuius regio eius religio whose realm his religion 16 Before 1900 sovereign states enjoyed absolute immunity from the judicial process derived from the concepts of sovereignty and the Westphalian equality of states First articulated by Jean Bodin the powers of the state are considered to be suprema potestas within territorial boundaries Based on this the jurisprudence has developed along the lines of affording immunity from prosecution to foreign states in domestic courts In The Schooner Exchange v M Faddon Chief Justice John Marshall of the United States Supreme Court wrote that the perfect equality and absolute independence of sovereigns has created a class of cases where every sovereign is understood to waive the exercise of a part of that complete exclusive territorial jurisdiction which has been stated to be the attribute of every nation 17 18 Absolute sovereign immunity is no longer as widely accepted as it has been in the past and some countries including the United States Canada Singapore Australia Pakistan and South Africa have introduced restrictive immunity by statute which explicitly limits jurisdictional immunity to public acts but not private or commercial ones though there is no precise definition by which public acts can easily be distinguished from private ones 18 Recognition EditState recognition signifies the decision of a sovereign state to treat another entity as also being a sovereign state 19 Recognition can be either expressed or implied and is usually retroactive in its effects It does not necessarily signify a desire to establish or maintain diplomatic relations No definition is binding on all the members of the community of nations on the criteria for statehood In actual practice the criteria are mainly political not legal 20 L C Green cited the recognition of the unborn Polish and Czechoslovak states in World War I and explained that since recognition of statehood is a matter of discretion it is open to any existing State to accept as a state any entity it wishes regardless of the existence of territory or of an established government 21 In international law however there are several theories of when a state should be recognised as sovereign 3 Constitutive theory Edit The constitutive theory of statehood defines a state as a person of international law if and only if it is recognised as sovereign by at least one other state This theory of recognition was developed in the 19th century Under it a state was sovereign if another sovereign state recognised it as such Because of this new states could not immediately become part of the international community or be bound by international law and recognised nations did not have to respect international law in their dealings with them 22 In 1815 at the Congress of Vienna the Final Act recognised only 39 sovereign states in the European diplomatic system and as a result it was firmly established that in the future new states would have to be recognised by other states and that meant in practice recognition by one or more of the great powers 23 One of the major criticisms of this law is the confusion caused when some states recognise a new entity but other states do not Hersch Lauterpacht one of the theory s main proponents suggested that a state must grant recognition as a possible solution However a state may use any criteria when judging if they should give recognition and they have no obligation to use such criteria Many states may only recognise another state if it is to their advantage 22 In 1912 L F L Oppenheim said the following regarding constitutive theory International Law does not say that a State is not in existence as long as it is not recognised but it takes no notice of it before its recognition Through recognition only and exclusively a State becomes an International Person and a subject of International Law 24 Declarative theory Edit Main article Montevideo Convention By contrast the declarative theory of statehood defines a state as a person in international law if it meets the following criteria 1 a defined territory 2 a permanent population 3 a government and 4 a capacity to enter into relations with other states According to declarative theory an entity s statehood is independent of its recognition by other states as long as the sovereignty was not gained by military force The declarative model was most famously expressed in the 1933 Montevideo Convention 25 A territory in the international law context consists of land territory internal waters territorial sea and air space above the territory There is no requirement on strictly delimited borders or minimum size of the land but artificial installations and uninhabitable territories cannot be considered as territories sufficient for statehood The term permanent population defines the community that has the intention to inhabit the territory permanently and is capable to support the superstructure of the State though there is no requirement of a minimum population The government must be capable of exercising effective control over a territory and population the requirement known in legal theory as effective control test and guarantee the protection of basic human rights by legal methods and policies The capacity to enter into relations with other states reflects the entity s degree of independence 26 Article 3 of the Montevideo Convention declares that political statehood is independent of recognition by other states and the state is not prohibited from defending itself 27 In contrast recognition is considered a requirement for statehood by the constitutive theory of statehood An important part of the convention was Article 11 that prohibits using military force to gain sovereignty 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 which found that a state was defined by having a territory a population government and capacity to enter into relations with other states 28 State recognition Edit See also List of states with limited recognition State practice relating to the recognition of states typically falls somewhere between the declaratory and constitutive approaches 29 International law does not require a state to recognise other states 30 Recognition is often withheld when a new state is seen as illegitimate or has come about in breach of international law Almost universal non recognition by the international community of Rhodesia and Northern Cyprus are good examples of this the former only having been recognized by South Africa and the latter only recognized by Turkey In the case of Rhodesia recognition was widely withheld when the white minority seized power and attempted to form a state along the lines of Apartheid South Africa a move that the United Nations Security Council described as the creation of an illegal racist minority regime 31 In the case of Northern Cyprus recognition was withheld from a state created in Northern Cyprus 32 International law contains no prohibition on declarations of independence 33 and the recognition of a country is a political issue 34 As a result Turkish Cypriots gained observer status in the Parliamentary Assembly of the Council of Europe and their representatives are elected in the Assembly of Northern Cyprus 35 and Northern Cyprus became an observer member of the Organisation of Islamic Cooperation and the Economic Cooperation Organization De facto and de jure states Edit De facto map of control of the world May 2019 Most sovereign states are both de jure and de facto i e they exist both in law and in reality However states which are only de jure states are sometimes recognised as being the legitimate government of a territory over which they have no actual control For example during the Second World War governments in exile of several states continued to enjoy diplomatic relations with the Allies notwithstanding that their countries were under occupation by Axis powers The PLO and Palestinian Authority claim that the State of Palestine is a sovereign state a claim which has been recognised by most states though most of the territory it claims is under the de facto control of Israel 36 49 Other entities may have de facto control over a territory but lack international recognition these may be considered by the international community to be only de facto states They are considered de jure states only according to their own law and by states that recognise them For example Somaliland is commonly considered to be such a state 50 51 52 53 For a list of entities that wish to be universally recognised as sovereign states but do not have complete worldwide diplomatic recognition see the list of states with limited recognition Relationship between state and government EditAlthough the terms state and government are often used interchangeably 54 international law distinguishes between a non physical state and its government and in fact the concept of government in exile is predicated upon that distinction 55 States are non physical juridical entities and not organisations of any kind 56 However ordinarily only the government of a state can obligate or bind the state for example by treaty 55 State extinction EditGenerally speaking states are durable entities though they can become extinguished either through voluntary means or outside forces such as military conquest Violent state abolition has virtually ceased since the end of World War II 57 Because states are non physical juridical entities it has been argued their extinction cannot be due to physical force alone 58 Instead the physical actions of the military must be associated with the correct social or judiciary actions in order to abolish a state Ontological status of the state EditThe ontological status of the state has been the subject of debate 59 especially whether or not the state being an object that no one can see taste touch or otherwise detect 60 actually exists The state as quasi abstract Edit It has been argued that one potential reason as to why the existence of states has been controversial is because states do not have a place in the traditional Platonist duality of the concrete and the abstract 61 Characteristically concrete objects are those that have a position in time and space which states do not have though their territories have a spatial position states are distinct from their territories and abstract objects have a position in neither time nor space which does not fit the supposed characteristics of states either since states do have a temporal position they can be created at certain times and then become extinct at a future time Therefore it has been argued that states belong to a third category the quasi abstract that has recently begun to garner philosophical attention especially in the area of documentality an ontological theory that seeks to understand the role of documents in understanding all of social reality Quasi abstract objects such as states can be brought into being through document acts and can also be used to manipulate them such as by binding them by treaty or surrendering them as the result of a war 61 Scholars in international relations can be broken up into two different practices realists and pluralists of what they believe the ontological state of the state is Realists believe that the world is one of only states and interstate relations and the identity of the state is defined before any international relations with other states On the other hand pluralists believe that the state is not the only actor in international relations and interactions between states and the state is competing against many other actors 62 The state as spiritual entity Edit Another theory of the ontology of the state is that the state is a spiritual 63 or mystical entity 63 with its own being distinct from the members of the state 63 The German Idealist philosopher Georg Hegel 1770 1831 was perhaps the greatest proponent of this theory 63 The Hegelian definition of the state is the Divine Idea as it exists on Earth 64 Trends in the number of states EditSince the end of World War II the number of sovereign states in the international system has surged 65 Some research suggests that the existence of international and regional organisations the greater availability of economic aid and greater acceptance of the norm of self determination have increased the desire of political units to secede and can be credited for the increase in the number of states in the international system 66 67 Harvard economist Alberto Alesina and Tufts economist Enrico Spolaore argue in their book Size of Nations that the increase in the number of states can partly be credited to a more peaceful world greater free trade and international economic integration democratisation and the presence of international organisations that co ordinate economic and political policies 68 See also Edit Politics portal List of sovereign states Exclusive mandate Failed state Federated state List of former sovereign states List of sovereign states by formation date List of sovereign states and dependent territories by continent List of states with limited recognition List of historical unrecognized states and dependencies Nation building Rule according to higher law Stateless society Unitary state Quasi state Princely state Vienna Convention on Diplomatic RelationsReferences EditCitations Edit See the following Shaw Malcolm Nathan 2003 International law Cambridge University Press p 178 Article 1 of the Montevideo Convention on Rights and Duties of States 1 lays down the most widely accepted formulation of the criteria of statehood in international law It note that the state as an international person should possess the following qualifications a a permanent population b a defined territory c government and d capacity to enter into relations with other states Jasentuliyana Nandasiri ed 1995 Perspectives on international law Kluwer Law International p 20 So far as States are concerned the traditional definitions provided for in the Montevideo Convention remain generally accepted See the following Wheaton Henry 1836 Elements of international law with a sketch of the history of the science Carey Lea amp Blanchard p 51 A sovereign state is generally defined to be any nation or people whatever may be the form of its internal constitution which governs itself independently of foreign powers sovereign The American Heritage Dictionary of the English Language 4th ed Houghton Mifflin Company 2004 retrieved 21 February 2010 adj 1 Self governing independent a sovereign state sovereign The New Oxford American Dictionary 2nd ed Oxford Oxford University Press 2005 ISBN 978 0 19 517077 1 adjective attrib of a nation or state fully independent and determining its own affairs Alain Pellet 1992 The Opinions of the Badinter Arbitration Committee PDF European Journal of International Law 3 1 182 The Committee considers that the state is commonly defined as a community which consists of a territory and a population subject to an organized political authority that such a state is characterized by sovereignty a b Thomas D Grant The recognition of states law and practice in debate and evolution Westport Connecticut Praeger 1999 chapter 1 Lauterpacht Hersch 2012 Recognition in International Law Cambridge University Press p 64 ISBN 9781107609433 Retrieved 19 January 2018 Krasner Stephen D 1999 Sovereignty Organised Hypocrisy Princeton University Press ISBN 978 0 691 00711 3 Nunez Jorge Emilio 2013 About the Impossibility of Absolute State Sovereignty International Journal for the Semiotics of Law 27 4 645 664 doi 10 1007 s11196 013 9333 x S2CID 150817547 Wilde Ralph 2009 From Trusteeship to Self Determination and Back Again The Role of the Hague Regulations in the Evolution of International Trusteeship and the Framework of Rights and Duties of Occupying Powers Loy L A Int l amp Comp L Rev 31 85 142 p 94 Lassa Oppenheim International Law 66 Sir Arnold D McNair ed 4th ed 1928 Akweenda Sackey 1997 Sovereignty in cases of Mandated Territories International law and the protection of Namibia s territorial integrity Martinus Nijhoff Publishers p 40 ISBN 978 90 411 0412 0 Chapter IV Fundamental Rights and Duties of States Charter of the Organization of American States Secretariat of The Organization of American States Retrieved 21 November 2010 Draft Declaration on Rights and Duties of States PDF UN Treaty Organization 1949 Retrieved 21 November 2010 General Assembly resolution 1803 XVII of 14 December 1962 Permanent sovereignty over natural resources United Nations Archived from the original on 18 February 2011 Retrieved 21 November 2010 Schwebel Stephen M The Story of the U N s Declaration on Permanent Sovereignty over Natural Resources 49 A B A J 463 1963 OHCHR International Covenant on Civil and Political Rights www ohchr org Grinin L E Globalization and Sovereignty Why do States Abandon their Sovereign Prerogatives Age of Globalization Number 1 2008 1 Turner Bryan July 2007 Islam Religious Revival and the Sovereign State Muslim World 97 3 405 418 doi 10 1111 j 1478 1913 2007 00187 x Simpson Gerry 2004 Great Powers and Outlaw States Unequal Sovereigns in the International Legal Order Cambridge University Press ISBN 9780521534901 a b Bankas Ernest K 2005 The State Immunity Controversy in International Law Private Suits Against Sovereign States in Domestic Courts Springer ISBN 9783540256953 Recognition Encyclopedia of American Foreign Policy See B Broms IV Recognition of States pp 47 48 in International law achievements and prospects UNESCO Series Mohammed Bedjaoui ed Martinus Nijhoff Publishers 1991 ISBN 92 3 102716 6 2 See Israel Yearbook on Human Rights 1989 Yoram Dinstein Mala Tabory eds Martinus Nijhoff Publishers 1990 ISBN 0 7923 0450 0 page 135 136 3 a b Hillier Tim 1998 Sourcebook on Public International Law Routledge pp 201 2 ISBN 978 1 85941 050 9 Kalevi Jaakko Holsti Taming the Sovereigns p 128 Lassa Oppenheim Ronald Roxburgh 2005 International Law A Treatise The Lawbook Exchange Ltd p 135 ISBN 978 1 58477 609 3 Hersch Lauterpacht 2012 Recognition in International Law Cambridge University Press p 419 ISBN 9781107609433 Bachmann Sascha Dov Prazauskas Martinas 19 December 2019 The Status of Unrecognized Quasi States and Their Responsibilities Under the Montevideo Convention The International Lawyer 52 3 400 410 Retrieved 19 May 2020 via SSRN CONVENTION ON RIGHTS AND DUTIES OF STATES www oas org Castellino Joshua 2000 International Law and Self Determination The Interplay of the Politics of Territorial Possession With Formulations of Post Colonial National Identity Martinus Nijhoff Publishers p 77 ISBN 978 90 411 1409 9 Shaw Malcolm Nathan 2003 International law 5th ed Cambridge University Press p 369 ISBN 978 0 521 53183 2 Opinion No 10 of the Arbitration Commission of the Conference on Yugoslavia United Nations Security Council Resolution 216 United Nations Security Council Resolution 541 BBC The President of the International Court of Justice ICJ Hisashi Owada 2010 International law contains no prohibition on declarations of independence Oshisanya An Almanac of Contemporary and Comperative Judicial Restatement 2016 p 64 The ICJ maintained that the issue of recognition was apolitical James Ker Lindsay UN SG s Former Special Representative for Cyprus The Foreign Policy of Counter Secession Preventing the Recognition of Contested States p 149 a b Staff writers 20 February 2008 Palestinians may declare state BBC News British Broadcasting Corporation Retrieved 22 January 2011 Saeb Erekat disagreed arguing that the Palestine Liberation Organisation had already declared independence in 1988 Now we need real independence not a declaration We need real independence by ending the occupation We are not Kosovo We are under Israeli occupation and for independence we need to acquire independence a b B Tselem The Israeli Information Center for Human Rights in the Occupied Territories Israel s control of the airspace and the territorial waters of the Gaza Strip Retrieved 24 March 2012 Map of Gaza fishing limits security zones Israel s Disengagement Plan Renewing the Peace Process Archived 2 March 2007 at the Wayback Machine Israel will guard the perimeter of the Gaza Strip continue to control Gaza air space and continue to patrol the sea off the Gaza coast Israel will continue to maintain its essential military presence to prevent arms smuggling along the border between the Gaza Strip and Egypt Philadelphi Route until the security situation and cooperation with Egypt permit an alternative security arrangement Gold Dore Institute for Contemporary Affairs 26 August 2005 Legal Acrobatics The Palestinian Claim that Gaza is Still Occupied Even After Israel Withdraws Jerusalem Issue Brief Vol 5 No 3 Jerusalem Center for Public Affairs Retrieved 16 July 2010 Bell Abraham 28 January 2008 International Law and Gaza The Assault on Israel s Right to Self Defense Jerusalem Issue Brief Vol 7 No 29 Jerusalem Center for Public Affairs Retrieved 16 July 2010 Address by Foreign Minister Livni to the 8th Herzliya Conference Press release Ministry of Foreign Affairs of Israel 22 January 2008 Archived from the original on 26 October 2011 Retrieved 16 July 2010 a b Salih Zak M 17 November 2005 Panelists Disagree Over Gaza s Occupation Status University of Virginia School of Law Archived from the original on 3 March 2016 Retrieved 16 July 2010 Israel Disengagement Will Not End Gaza Occupation Human Rights Watch 29 October 2004 Retrieved 16 July 2010 Gold Dore Institute for Contemporary Affairs 26 August 2005 Legal Acrobatics The Palestinian Claim that Gaza is Still Occupied Even After Israel Withdraws Jerusalem Issue Brief Vol 5 No 3 Jerusalem Center for Public Affairs Retrieved 16 July 2010 Bell Abraham 28 January 2008 International Law and Gaza The Assault on Israel s Right to Self Defense Jerusalem Issue Brief Vol 7 No 29 Jerusalem Center for Public Affairs Retrieved 16 July 2010 Address by Foreign Minister Livni to the 8th Herzliya Conference Press release Ministry of Foreign Affairs of Israel 22 January 2008 Archived from the original on 26 October 2011 Retrieved 16 July 2010 Israel Disengagement Will Not End Gaza Occupation Human Rights Watch 29 October 2004 Retrieved 16 July 2010 Israel allows the PNA to execute some functions in the Palestinian territories depending on special area classification Israel maintains minimal interference retaining control of borders air 37 sea beyond internal waters 37 38 land 39 in the Gaza strip and maximum in Area C 40 41 42 43 44 See also Israeli occupied territories 36 45 46 47 43 48 Arieff Alexis 2008 De facto Statehood The Strange Case of Somaliland PDF Yale Journal of International Affairs 3 60 79 Archived from the original PDF on 13 December 2011 Retrieved 4 January 2010 The List Six Reasons You May Need A New Atlas Soon Foreign Policy Magazine July 2007 Retrieved 4 January 2010 Overview of De facto States Unrepresented Nations and Peoples Organization July 2008 Retrieved 4 January 2010 Wiren Robert April 2008 France recognises de facto Somaliland Les Nouvelles d Addis Magazine Retrieved 4 January 2010 Robinson E H 2013 The Distinction Between State and Government PDF The Geography Compass 7 8 556 566 doi 10 1111 gec3 12065 Archived from the original PDF on 2 November 2013 Retrieved 2 August 2013 a b Crawford J 2006 The Creation of States in International Law 2nd ed Oxford Clarendon Press ISBN 978 0 19 826002 8 Robinson Edward Heath 2010 An Ontological Analysis of States Organizations vs Legal Persons PDF Applied Ontology 5 2 109 125 doi 10 3233 AO 2010 0077 Fazal Tanisha M 1 April 2004 State Death in the International System International Organization 58 2 311 344 doi 10 1017 S0020818304582048 ISSN 1531 5088 S2CID 154693906 Robinson Edward Heath 2011 The Involuntary Extinction of States An Examination of the Destruction of States though the Application of Military Force by Foreign Powers since the Second World War PDF The Journal of Military Geography 1 17 29 Ringmar Erik 1996 On the ontological status of the state European Journal of International Relations 2 4 439 466 doi 10 1177 1354066196002004002 S2CID 145248100 full text A James 1986 Sovereign Statehood The Basis of International Society London Allen amp Unwin a b Robinson Edward H 2014 A documentary theory of states and their existence as quasi abstract entities PDF Geopolitics 19 3 461 489 doi 10 1080 14650045 2014 913027 S2CID 67844415 Archived from the original PDF on 3 March 2016 Retrieved 16 September 2014 Ringmar Erik 1996 On the Ontological Status of the State European Journal of International Relations 10 2 a b c d Schmandt amp Steinbicker 1954 p 71harvnb error no target CITEREFSchmandtSteinbicker1954 help Schmandt amp Steinbicker 1954 p 71harvnb error no target CITEREFSchmandtSteinbicker1954 help citing Hegel s Philosophy of History trans J Sibree New York Wiley Book Co 1934 see also Hegel Georg Wilhelm Friedrich 2012 1899 The Philosophy of History Courier Corporation p 39 ISBN 978 0 486 11900 7 The SAGE Handbook of Diplomacy SAGE Publications pp 294 295 Retrieved 17 November 2016 Fazal Tanisha M Griffiths Ryan D 1 March 2014 Membership Has Its Privileges The Changing Benefits of Statehood International Studies Review 16 1 79 106 doi 10 1111 misr 12099 ISSN 1468 2486 The State of Secession in International Politics E International Relations 23 September 2016 Retrieved 16 November 2016 The Size of Nations MIT Press MIT Press 7 November 2003 ISBN 9780262012041 Retrieved 16 November 2016 Sources Edit Schmandt Henry J Steinbicker Paul G 1956 1954 Fundamentals of Government 2nd printing ed Bruce Publishing Company Further reading EditAngie Antony 26 April 2007 Imperialism Sovereignty and the Making of International Law Cambridge University Press ISBN 978 0 521 82892 5 Butcher Charles R Griffiths Ryan D 17 January 2020 States and their international relations since 1816 introducing version 2 of the International System s Dataset ISD International Interactions 46 2 291 308 doi 10 1080 03050629 2020 1707199 Chen Ti chiang The International Law of Recognition with Special Reference to Practice in Great Britain and the United States London 1951 Crawford James The Creation of States in International Law Oxford University Press 2005 ISBN 0 19 825402 4 pp 15 24 Dieter Grimm 21 April 2015 Sovereignty The Origin and Future of a Political and Legal Concept Columbia University Press ISBN 978 0 231 53930 2 Lauterpacht Hersch 2012 Recognition in International Law Cambridge University Press ISBN 9781107609433 Muir Richard 1981 Modern Political Geography Second ed Macmillan International Higher Education ISBN 9781349860760 Raic D Statehood and the Law of Self determination Martinus Nijhoff Publishers 2002 ISBN 978 90 411 1890 5 p 29 with reference to Oppenheim in International Law Vol 1 1905 p110 Schmandt Henry J and Paul G Steinbicker Fundamentals of Government Part Three The Philosophy of the State Milwaukee The Bruce Publishing Company 1954 2nd printing 1956 507 pgs 23 cm LOC classification JA66 S35 Fundamentals of governmentExternal links EditA Brief Primer on International Law Archived 10 November 2016 at the Wayback Machine With cases and commentary Nathaniel Burney 2007 What constitutes the sovereign state by Michael Ross Fowler and Julie Marie Bunck Links to the best political risk websites ipoliticalrisk com information on tracking evaluating and managing sovereign risk for trade and permanent investment Legal opinion by the Negotiations Support Unit in the Palestinian Authority on transitional sovereignty Retrieved from https en wikipedia org w index php title Sovereign state amp oldid 1055441616, wikipedia, wiki, book,

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