Page
  1. 1
    1
  2. 2
    2
  3. 3
    3
  4. 4
    4

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 essay...

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.

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.

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

The above preview is unformatted text

Found what you're looking for?

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

Not the one? Search for your essay title...
  • Over 180,000 student essays
  • Every subject and level covered
  • Thousands of essays marked by teachers

Related University Degree International Law

  1. Montevideo convention and criteria of statehood

    right to display the activities of a State".12 The territory includes the air space above the land, the earth beneath it and up to twelve miles of the territorial sea adjacent to the coast. Despite the fact that the delimitation of state boundaries is of crucial importance, it is clear

  2. 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.

  1. 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).

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

    Jus cogens norms cannot be derogated from and can only be amended or replaced by a subsequent rule of the same (i.e. peremptory) characteristic.37 Although perhaps similar in outcome to morality-based principles found in natural law theory,38 jus cogens norms derive their authority from the increasingly interdependent international system alluded to above.

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

    in "internal affairs". Questions on the legality of the state power itself and the use of violence inside the state can not arise: international law prevails over the legitimacy of states. It sets the rules for international relations and brings it into a legal form.

  2. 'Modern developments in International law have weakened the notion of state sovereignty.' Discuss

    This means that the ECHR and the UDHR are not binding on UK courts. However, the UK did create a domestic human rights bill in the form of The Human Rights Act 1998. In theory this does not affect the notion of state sovereignty, because the HRA was produced by the state just like any other domestic legislation.

  1. Public International Law

    Contribution from organizations such as Sierra Club Legal Defense Fund and the Ford Foundations was crucial in the expansion of public interest law.5 Second, the Federal Government took an increasingly liberal view that was, to a considerable extent, the result of successful PIL cases.

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

    and the International Covenant on Economic, Social and Cultural Rights 1966. Common Article 1 in both Covenants states that "all peoples have the right to self determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development."

  • Over 180,000 essays
    written by students
  • Annotated by
    experienced teachers
  • Ideas and feedback to write
    your own great essays

Marked by a teacher

This essay has been marked by one of our great teachers. You can read the full teachers notes when you download the essay.

Peer reviewed

This essay has been reviewed by one of our specialist student essay reviewing squad. Read the full review on the essay page.

Peer reviewed

This essay has been reviewed by one of our specialist student essay reviewing squad. Read the full review under the essay preview on this page.