States and the criteria for Statehood.

Independent States remain the primary subject of IL as they occupy the central position in the international community. However, it is necessary to analyse what is a State? In accordance with the article 1 (1) of the 1933 Montevideo Convention on Rights and Duties of 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 other States.

These joint criteria or requirements are necessary to form a State, which possesses sovereignty and even so, international personality.

There is a requirement that is not included in the abovementioned provision that is the recognition. Some scholars consider that recognition is not required for constituting a State in basis of the principle of effectivity. Indeed, State practice shows that statehood need not necessarily be equated with effectiveness, and thus that conditions unrelated to effectiveness are relevant to the determination of whether an entity should be regarded as a State under international Law. Other scholars believe that recognition is required.

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