International Law Essay Example | Topics and Well Written Essays - 3500 words

International Law - Essay Example This paper shall critically evaluate the means by which a territory can become a state. This essay is being written in order to arrive at a thorough and extensive assessment of statehood, especially, in relation to territory. Discussion Much debate and conflict have been seen owing to the right of a state to claim statehood. To this very day, different territories are trying to claim statehood and independence from their mother states. These claimants have even waged violent conflicts with their mother states in their bid for independence and statehood. Their belief revolves around the fact that since they fulfil the elements of statehood, they deserve to be recognized as independent states. These beliefs are however often rebuked by their mother states who often claim that these territories are not independent states, and for as long as they have sovereignty over it, international bodies cannot recognize them as independent states. The means by which a territory can later become and be recognized as a state are basically focused on the four elements. After these elements are established, the processes of international laws have to be applied in order to secure recognition for the territory as a state. Based on Article 1 of the Montevideo Convention, a state, in order to be recognized as a person of international law, must possess the following elements: a permanent population; a defined territory; government; and the capacity to enter into relations with other states. Traditionally, many states were able to gain recognition via international bodies by fulfilling the above basic requirement, as well as the requirements of sovereignty and independence (UIO Faculty of Law, 2010). A territory can become a state by first having a sufficient number of people to make up a population. Different authors and scholars support this basic premise because it is a natural requirement for subsistence. There is no specific requirement as to the number of inhabitants only that, this population needs to be sufficient in the conduct of state functions (Shaw, 2003, p. 179). This population also needs to be permanently based on the territory. It is this qualification which disqualifies Antarctica for statehood. It does not have a permanent population. At different points of the year, explorers from different countries enter the continent, but they do not settle therein permanently and they eventually return to their own states (Fry, Goldstein, & Langhorne, 2002, p. 457). Conversely, even as Somalia’s population is not permanent, with its nomad residents drifting in and out of its territory, it still is considered a state because the people have the ultimate intention of going back (Fry, Goldstein, & Langhorne, 2002, p. 457). It is also important to note that there is also no requirement for the people to have common linguistic, ethnic, cultural, or historical characteristics. The size of the population does not also matter. Vatican City is a small stat e with a small population, but it is able to function and carry out its responsibilities and roles as a state (Fry, Goldstein, & Langhorne, 2002, p. 457). In order for a territory to be qualified for statehood, its population only needs to fulfil the minimum requirements of permanency and be of a sufficient number to carry out duties of statehood. This qualification for statehood is actually one of the easier elements to fulfil, and is often the least source of controversy for territories seeking statehood. Government