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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?

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

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