Sovereign state, Declarative theory

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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

By contrast, the "declarative" theory 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, so long as it wasn't achieved by force whether this consists in the employment of arms, in threatening diplomatic representations, or in any other effective coercive measure. According to declarative theory, an entity's statehood is independent of its recognition by other states. The declarative model was most famously expressed in the 1933 Montevideo Convention.

Article 3 of the Montevideo Convention declares that statehood is independent of recognition by other states. In contrast, recognition is considered a requirement for statehood by the constitutive theory of statehood. However, Article 11 of the Montevideo Convention qualifies the four criteria by prohibiting the use military force or diplomatic coercion to prevent the recognition of puppet states.

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, and a political authority.

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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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