States and recognition

Abstract

States are, at this moment of history, still at the heart of the international legal system. Oppenheim , Oppenheim's International Law , 9th edn, London, 1992, pp. 119–203 (‘Oppenheim’) Crawford , The Creation of States in International Law , 2nd edn, Oxford, 2006 (‘Crawford’) Higgins , Problems and Process , Oxford, 1994 (‘Higgins’), pp. 39–48 Shaw , International Law , 6th edn, Cambridge, 2008, pp. 195–242 (‘Shaw’) Introduction International organisations, legal persons (i.e. corporations), natural persons (i.e. individuals) and non-governmental organisations (NGOs), may sometimes be referred to collectively as ‘non-State actors’. Although they are not States, they now participate much more in the international legal order. But, this is mainly because States have given them parts to play. Their role may be important, but it is a mistake to think that it is central. Only States and international organisations have international legal personality. In this chapter, we will therefore basically look at States. Criteria for statehood The generally accepted criteria for statehood is that the entity has to demonstrate that it has ‘(a) a permanent population; (b) defined territory; (c) a government; and (d) capacity to enter into relations with other States’. Let us take these in turn. A permanent population . The population does not have to be homogeneous racially, ethnically, tribally, religiously, linguistically, or otherwise. But, it must be a settled population, although the presence of certain nomadic inhabitants does not matter.