• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Does Fabota qualify for statehood under Montivedeo Convention? If not does it qualify under a sufficient number as to be a state under UKrecognition principles? And thirdly, does other state recognition play a part?

Extracts from this document...

Introduction

Aysha El-Kaddah Public International Law Kings College London Suzanne Granfer Essay 2 The questions that I will focus on in this essay are firstly 1) does Fabota qualify for statehood under Montivedeo Convention? If not does it qualify under a sufficient number as to be a state under UK recognition principles? And thirdly, does other state recognition play a part? It is difficult to identify criteria for statehood that are universally accepted, therefore as is demonstrated in this question, some states' criteria may be satisfied and would qualify as a state, while other countries like the UK still question Fabota's claim to statehood. The Montevideo Convention on Rights and Duties of States 1933, attempts to establish a criteria for statehood, by stipulating in Art 1 that a 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 a capacity to enter into legal relations with other states. I will discuss these criteria in detail and its application to Fabota and its claim to statehood when advising the British Government whether it should qualify for recognition. ...read more.

Middle

of statehood or sovereignty of an aspirant state by members of the international community may be sufficient to cure a defect in an otherwise imperfect claim to statehood. Thus by such affluent and internationally important states as France, China and Italy, two of which are the in permanent 5 members of the UN, may be enough to identify Fabota as a state, however clearly recognition by three states is not enough to be considered as the international community at large, but may compel or encourage other states into recognition as a result of the importance of those states who already recognise Fabota. For example the admittance of some former Yugoslavian states into the UN as a result of extensive recognition. The issue of recognition is clearly the most decisive factor in whether the Fabota has a claim to statehood, and if the UK is under a duty of international law to recognise Fabota. It would seem that France, China and Ital have adopted recognition de facto, where there has been something unlawful in the manner of creation of Fabota but its effective existence demands that it be treated as an international person, clearly these states would argue that this is the case. ...read more.

Conclusion

Factors I would recommend the UK to take account of, are primarily whether or not they fulfil the fundamental requirement as laid down in the Convention, consideration that some key international player like France and China have recognised and the political and economic advantages of recognition while considering the political situation in Fabota itself. The UK court has itself defined criteria in which it should recognise governments, and is similar when considering whether it should recognise states. In Somalia Republic v. Woodhouse Drake and Carey - Hobhouse J identified factors the court should take into account when recognising a government, which may have significance also when considering to recognise a state. These were a) the degree nature and stability of administrative control, if any which exercised over the territory of the state and b) the extent of international recognition. What need to be remembered however is that recognition is an active process and should be distinguished from cognition or mere possession of knowledge of the existence of Fabota and must involve the intention is willing that the legal consequences attendant upon recognition should operate. This is perhaps one of the reasons why perhaps recognition is discretionary in nature ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree International Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree International Law essays

  1. Write an essay on the role and importance of international commercial arbitration as an ...

    The Federal Arbitration Act ("FAA") governs arbitrations involving transactions in interstate or foreign commerce. It is a relatively narrow statute that focuses on the relationship of the courts to the arbitral process. In overcoming legislative and judicial hostility to arbitration agreements, the FAA and interpretative jurisprudence have established a "broad principle of enforceability" of arbitration clauses.

  2. What Is the Importance of Recognition In the International Legal System

    it, and, as a result of the membership, to all the privileges of other members of the community. However, the recognition given to the recognized state is so far as the State giving recognition is concerned".11 Historically, individual States have been influenced by whether the new State has been accepted as a major international organization (such as the UN).

  1. How does the Climate Change Convention differ from the Vienna Convention? What were the ...

    At the end of the meeting, although encountered with the objection of the EC, a non-binding resolution was passed calling for the next meeting to work toward a legally binding protocol addressing controls. Although the Vienna Convention's failure to establish controls on production or consumption, the future of CFCs still seemed bright (Sinclair, 1984).

  2. International law does not offer any effective remedy where the government of a State ...

    Legal relations between states require the mutual respect, as for their competence, solely responsible legal entity. At the time of the Cold War international law served for a communication between the superpowers (United States and the Soviet Union) to prevent conflicts.

  1. Is there a future for the principle of self-determination in international law in the ...

    This issue was raised in submissions made to the Supreme Court of Canada in proceedings arsing from a reference by the government of Canada relating to the secession of Quebec.42 The main question which arose was "does international law give the National Assembly, legislature or government of Quebec the right to effect secession of Quebec from Canada unilaterally?

  2. Public International Law

    They advised on and litigated individual cases, negotiated with bureaucracies, fought test cases and took issues beyond the United Kingdom to the European Court and European Court of Human Rights Successive governments, eager to please the electorate, created another group of institutions.

  1. Between the various sources of International Law there exists an obvious hierarchy, in which ...

    the Acquisition of Polish Nationality Case24 and the Eastern Greenland Case.25 Both of these cases resulted in the application of treaty provisions in conflict with customary norms. However, this is due lex specialis derogat generali and not an automatic preference for treaties.

  2. International Law in International Politics

    As what Chayes argues in New Sovereignty, although we see some worrisome cases of non-compliance such as Iraq's invasion of Kuwait and North Korea's refusal to the inspection of International Atomic Energy Agency, such cases are the exception rather than a common phenomenon.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work