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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?

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  • Essay length: 2018 words
  • Submitted: 19/06/2006
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University Degree International Law

The first 200 words of this essay...

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.

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