Sovereign state, State practice

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Summary

A sovereign state is a nonphysical juridical entity of the international legal system that is represented by one centralized government that has supreme independent authority 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 to be a state which is neither dependent on nor subject to any other power or state. The existence or disappearance of a state is a question of fact. While according to the declarative theory of state recognition a sovereign state can exist without being recognised by other sovereign states, unrecognised state

Details

State practice relating the recognition 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. In the former case, 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 latter case, recognition was widely withheld from a state created in Northern Cyprus on land illegally invaded by Turkey in 1974.

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External Links

  • WikipediaOpinions of the Badinter Arbitration CommitteeA Brief Primer on International LawWhat constitutes the sovereign state?

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