government and d capacity to enter into relations with other States Permanent

Government and d capacity to enter into relations

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government; and d) capacity to enter into relations with other States Permanent population o This criterion must be established. No minimum or maximum required ( Advisory Opinion on Western Sahara case , ICJ Reports (1975), 12 at 39). o Mere presence of people does not necessarily meet the permanent populaton require eg Duchy of Sealand case – 100 people living on abandoned ant-aircraf platorm in middle of high sea held not to qualify. o Needs to show some common destny ‘from cradle to grave.’ Important distncton when looking at status of Antarctc bases. Downloaded by Ashleigh Nicolau ([email protected]) lOMoARcPSD|2420463
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A defined territory Need some coherent and consistent land areas There is no necessity for defined and settled boundaries (these are often subject to dispute in International law), so long as there is a consistent band of core territory, which is undeniably controlled by the government of the alleged state, this criterion will be satisfied. Government Needs an identfable, organised politcal insttuton that has some efectve power / control over its defned territory and populaton. Control over territories has been generously applied - a government may only exercise its control over a small secton of the territory eg Somalia contnued to be recognised despite no efectve government 1991-2010. Generally, the prerequisite of government is fulfilled when two conditions are met ( see the Aaland Islands case of 1920): o The administering authority must exercise effective control over a defined territory; o It must be independent in the sense that it is not subject to control by any other State or external political power. Capacity to enter into relations with other states Capacity may well mean one of the two things per Tinoco Arbitration (Great Britain v Costa Rica) (1923) case: 1. It may mean the entity possesses the political, technical, financial and other material resources necessary to establish and maintain diplomatic contact with other States; or 2. It might merely mean that other States are prepared to deal with the entity as a State on the plane of international relations, that is, that other States do, in fact, recognise the entity as a State. Key aspect is that there must be no limitatons placed on the State’s ability to enter into legal relatons with other States. Downloaded by Ashleigh Nicolau ([email protected]) lOMoARcPSD|2420463
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