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Encyclopedia > 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 from 1933, whose article 1 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.


Also, article 3 of the convention very clearly states that statehood is independent of recognition by other states. Recognition is considered a requirement for statehood by the constitutive theory of statehood.


See also


  Results from FactBites:
 
Clinton Goveas :: Wikipedia Reference (2493 words)
However, they propounded this as part of a general theory of "nullification," in which a state had the right to refuse to accept any Federal law that it found to be unconstitutional.
Likewise, according to the theory put forth by James Madison in the Federalist Papers "each State, in ratifying the Constitution, was to be considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act.
In this relation, then, the new Constitution [was to be] a federal, and not a national constitution." In the end, Madison likewise compromised with the Anti-federalists to modify the Constitution to protect state sovereignty: At the 1787 constitutional convention a proposal was made to allow the federal government to suppress a seceding state.
  More results at FactBites »

 

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