The Montevideo Convention on Statehood of 1933 sets out several requirements for Statehood. The criteria of the convention are: (1) a permanent population, (2) a defined territory, (3) government and (4) the capacity to entire into relations with other States. The Convention, and prevailing law at the time, viewed States as a kind of sui generis legal entity operating and existing under its own authority and power.
The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit, to legislate upon its interests, administer its services, and to define the jurisdiction and competence of its courts.
Self-determination is the right through which a group of people can freely determine their political status and pursue their social, cultural, and economic development. As a result of self-determination right, over 100 states have been born since the end of World War II in 1945, a threefold increase in
seven decades. In the modern world, happenings in Scotland, Catalonia, and Kenya during the August 2017 elections and other nationalism movements serve as a constant reminder that self-determination is a volatile issue in the international realm. ‘
What is a state?
Capacity to enter into relations with other States.
Anyone who has studied a general course on international law will certainly be familiar with the criteria for Statehood contained in the Montevideo Convention on the Rights and Duties of States: permanent population; defined territory; government; and capacity to enter into relations with other States.
The 1933 Montevideo Convention on the Rights and Duties of States sets out four criteria for statehood.
Article 1 of the Convention provides that the state as a person of international law should possess the following four qualifications:
(a) a permanent population;
(b) a defined territory;
(c) government; and
(d) capacity to enter relations with the other states.
Self-determination – Onafhanklikheid
Self-determination for the oppressed people
UN Resolution 1514 Self-determination for people
Een gedagte oor “Montevideo 1933 requirements for self-determination”
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