The actors in the international legal system - The state - The Montevideo criteria

6 important questions on The actors in the international legal system - The state - The Montevideo criteria

What does a permanent population mean from the 1933 Montevideo Convention on the Rights and Duties of States?

Someone has made the territory its home, where it is not clear if nomadic tribes are part of a permanent population

What does a defined territory mean in the Montevideo Convention?

There is no minimum size and the entity's boundaries need not be precisely demarcated and settled. However, there has to be a consistent area of undisputed territory.

What often prevents an otherwise 'state-like' entity from qualifying as a state?

The lack of legal independence. Example: Scotland & Greenland.
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What does the capacity to enter into relations with other states mean in the Montevideo Convention?

The entity must have the ability to act without legal interference from other states

What does a government mean from the 1933 Montevideo Convention on the Rights and Duties of States?

Someone must exercise control over the territory and be able to run its affairs and ensure that it can comply with its international obligations, where the form of the government does not matter as long as it is effective.

What entails an effective government as mentioned in article 1 of the Montevideo convention about criteria for statehood?

- Exercise authority and control over territory
- Be able to run its affairs
- Comply with international obligations.
Does not have to be democratically elected.
No longer relevant once a state has been established. (Afghanistan?)

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