Capacity to enter into relations with other States/independence

The criterion set out in the 1933 Montevideo Convention includes the capacity to enter into relations with other States. However, it can be argued tan more than a prerequisite to be a State, it is a consequence of Statehood.

Why? Because a State is entitled to enter into relations with other State, due to the fact that it is independent and has sovereignty.

  • Sovereignty may be defined as the supreme power of the State over its territory and inhabitants, independent of any external authority. Once this sovereignty is achieved, States are free to restrict its own sovereignty.

How the criteria of independence is identified?  Two elements evidence independence:

  • The entity exists separately within established boundaries. In this order, the four requirements must be provided.
  • The entity is not a subject to any authority except IL.

Independence must be formal and actual.

  • Formal, so the State has control over all its functions or competences (the so-called kompetenz kompetenz)
  • Actual, so authorities have actual control over the country.

However, this relationship between formal independence and actual independence must be studied.

  • Formal independence exists but actual independence is missing. So, there is not a State.
  • Formal independence is missing but the entity exercises some degree of actual independence. So, there is not a State.