Declarative theory of statehood

The declarative theory of statehood defines a state as a person of international law that meets certain structural criteria.

A document that is often quoted on the matter to is the Montevideo Convention (1933), Article 1 of which states:

The state as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states.

Article 3 of the Convention declares that statehood is independent of recognition by other states. In contrast, recognition is considered a requirement for statehood by the constitutive theory of statehood.

A similar opinion about "the conditions on which an entity constitutes a state" is expressed by the European Community Opinions of the Badinter Arbitration Committee. The Committee found that a state was defined by having a territory, a population, and a political authority. The committee also found that the existence and disappearance of states was a question of fact, while the recognition by other states was purely declaratory.

See also

• Sovereignty
• Diplomatic recognition
• List of unrecognized countries
• Constitutive theory of statehood

External links

• Opinions of the Badinter Arbitration Committee at the European Journal of International Law
• A Brief Primer on International Law With cases and commentary. Nathaniel Burney, 2007.
• Official United Nations website
• Official UN website on International Law
• Official website of the International Court of Justice
• The Jacobs Elements of Sovereignty