Statehood is a fundamental concept in international law, defined by specific criteria and
recognized through various treaties and customary practices. Here are the key elements and
relevant international instruments for Statehood, permanent population, defined territory,
government, and the capacity to enter into relations with other states. These form the classical
criteria for the recognition of Statehood. The advent of the promotion of human rights and the
principle of self-determination became popular in the rise to the twentieth century, adding on
to the list of criteria for recognition of statehood. Having noted the above matters, whether a
state exists for international law is partly a question of law and partly a question of fact. It
fathoms one deduce the evidence, produces the facts, and then those facts to be tested against
internationally recognised criteria for statehood.
The classical criteria for statehood are concisely described in the Montevideo Convention on
the Rights and Duties States of 1933, which provides:
`The state as a person of international law should possess the following
qualifications: (a) a permanent population; (b) a defined territory; (c) government;
(d) capacity to enter into relations with other states.`
This convention outlines the widely accepted criteria for statehood and is a cornerstone of
international law regarding state recognition. The Arbitration Commission of the European
Conference on Yugoslavia of 1991, opinion 1, declared that the state is commonly defined as
a community consisting of territory and a population subject to an organised political
authority and is characterised by sovereignty.1 It was further noted that the form of internal
political organisation and constitutional provisions constituted mere facts as determinants of
government influence over the population and territory.2
The United Nations Charter of 1945, Article 1 emphasizes the importance of maintaining
international peace and security, implicitly recognizing the role of states in the international
community. Furthermore. Article 4 of the same charter lays down the admittance of Member
States to the United Nations and precisely it is only exclusive to States. The latter elucidates
the position of the orthodox Positivists, which notes that only States are legitimate
international persons.
1
The EC Arbitration Commission on Yugoslavia, 65 BYIL, 1994.
2
Oppenhiems International Law, P.120
The Declaration on Principles of International Law concerning Friendly Relations of 1970,
reinforces the principles of state sovereignty and territorial integrity, emphasizing the equal
rights of states. The declaration also looks further at the principle of self determination of
peoples, recognising the right of people’s self-determination and the freedom to choose their
political status.
Customary international law also plays a significant role in the recognition of statehood. This
includes recognition of States, that the act of recognition by existing states can solidify the
status of a new state, although recognition is not a requirement for statehood. The practice of
recognition may vary, influenced by political, economic, and social factors.
The principle of self-determination, as outlined in the United Nations Charter and various
resolutions, supports the right of people to determine their political status, which can lead to
statehood. The idea that a State that denied human rights and self-determination would not
qualify as a state was initially mooted in the context of the requirement of effective
government. A government that denied basic rights, was suggested, could not truly organise
and be effective.3 Such a good example would be the case of Rhodesia after its unilateral
declaration of independence in 1965 when the principle of non-recognition was invoked.
Conversely, this principle emerged during the dissolution of the former Yugoslavia in 1991
when it was not fulfilled. Croatia and Bosnia were recognised before assurances relating to
respect for minorities were given, let alone implemented and when one of the great human
rights tragedies of that century had begun to unfold.
Despite this, states in recent times had alluded to respect for human rights and self-
determination as a precondition for the recognition of Statehood. Vividly, the Soviet Union
dissolved in 1991 and the European Community indicated that it would recognise only those
parts of the former Soviet Union claiming to be independent states that afforded some
evidence of a willingness and capacity to protect and respect human rights.
In conclusion, statehood is a complex interplay of defined criteria, treaties, and customary
practices. While international treaties like the Montevideo Convention provide a framework,
the actual recognition and functionality of statehood often depend on political contexts and
the acceptance of the international community.
3
J E S Fawcett, The law of Nations, 1968, P.38-39