Recognition of States and its Various Aspects

ABSTRACT:- The main concern of the topic is related to the recognition of the States and different concepts and cases related to it. The most important concern of the topic is related to the important factors which are related to the State, the mutual cooperation between the different nations, the understandings which bind everyone together, the theories which are related to the topic and so on. We shall be studying all these things in detail through the assignment.

INTRODUCTION OF THE TOPIC-

States are the primary subjects of International Law. They possess the totality of rights and duties under International Law. However, it is difficult to define the term ‘State’ since it may have different meanings. In Constitutional Law, it may mean something quite different from what it means in International Law. From the International Point of view, the term is relevant because those communities which are not States are excluded from what it means in International Law. From the International Law point of view, the term is relevant because those communities which are not States are excluded from having capabilities in International Law.

For the purpose of International Law, a State may, therefore, be defined as a society of men occupying a territory, the members of which are bound together by the tie of common subjection to a government and which has capacity to enter into relations with other entities. Any entity which possesses even the smallest measure of these attributes maybe termed a State. Montevideo Convention on the Rights and Duties of States of 1933 did not define the term ‘State’. Instead it laid down certain ‘qualifications’ of States which are more or less identical with the definition given above. The Convention under Article 1 stipulated that:

‘The State as a person of International Law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) a government; and (d) capacity to enter into relations with other States

Attributes of statehood have been discussed with context to the above provisions of the Montevideo Convention in view of the assumption that the Montevideo Convention merely codified existing legal norms and is a restatement of Customary International Law and therefore it does not apply merely to the signatories but to all subjects of International Law.

  • Population:

By the term “population” is meant people a people is an aggregate of individuals who live together as a community though they may belong to different races or creeds or cultures, or be of different color. A territory where people have not settled down, that is, where there exists a haphazard aggregation of individuals that would not be regarded as a State. A wandering people are not of individuals that would not be regarded as a State. A wandering people are not a State. Population must form itself into an organized society. Montevideo Convention on the Rights and Duties of States of 1933 stated ‘a permanent population’ instead of population as one of the qualifications of a State. It is not clear that what is meant by ‘a permanent population’. Obviously, it does not clear that what is meant by a ‘permanent population’. Obviously, it does not mean that there cannot be migration of peoples across territorial boundaries.  Perhaps, it seems to suggest that there must be some population linked to a specific piece of territory on a more or less permanent basis and who can be regarded, in general inhabitants. Population of a State includes those who are staying in other States as well as Foreign Nationals permanently residing in a State.

Aishwarya Says:

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