0 évaluation0% ont trouvé ce document utile (0 vote)
256 vues1 page
The document discusses whether the Principality of Sealand qualifies as a sovereign state under international law. Sealand consists of an abandoned sea fort located in international waters off the coast of the UK. In the 1970s, Paddy Roy Bates occupied the fort and declared it an independent state. However, Sealand fails to meet the criteria for statehood laid out in the Montevideo Convention, as it has no more than 3 permanent residents, no clearly defined territory, and lacks true independence and sovereignty as the UK asserts authority over the area. The document concludes that Sealand does not qualify as a sovereign state under international law due to its failure to meet essential criteria.
Description originale:
statehood of sealand based on the four basic elements of the state and archipelagic doctrine
The document discusses whether the Principality of Sealand qualifies as a sovereign state under international law. Sealand consists of an abandoned sea fort located in international waters off the coast of the UK. In the 1970s, Paddy Roy Bates occupied the fort and declared it an independent state. However, Sealand fails to meet the criteria for statehood laid out in the Montevideo Convention, as it has no more than 3 permanent residents, no clearly defined territory, and lacks true independence and sovereignty as the UK asserts authority over the area. The document concludes that Sealand does not qualify as a sovereign state under international law due to its failure to meet essential criteria.
The document discusses whether the Principality of Sealand qualifies as a sovereign state under international law. Sealand consists of an abandoned sea fort located in international waters off the coast of the UK. In the 1970s, Paddy Roy Bates occupied the fort and declared it an independent state. However, Sealand fails to meet the criteria for statehood laid out in the Montevideo Convention, as it has no more than 3 permanent residents, no clearly defined territory, and lacks true independence and sovereignty as the UK asserts authority over the area. The document concludes that Sealand does not qualify as a sovereign state under international law due to its failure to meet essential criteria.
The Principality of Sealand carries a controversy in the international arena regarding the legality of its statehood. In lieu of the concept of statehood and its essential elements, does the Principality of Sealand a state?
II. Facts In the Second World War, the British government built fortresses against the German invaders, and this includes the fort Toughs Tower (now Sealand). It is located 7 nautical miles from the coast of United Kingdom, thus situated in the international water, since before the applicable mile range of territorial waters was still 3 nautical miles. In compliance with international law, fortresses should have been removed; however, the said fort was not. Eventually, it was abandoned while situated at the high seas, thus resulting to res derelict and terra nullus. (http://www.sealandgov.org/about) In 1976, Paddy Roy Bates, a retired British Army occupied the abandoned tower and declared the independence of the Principality of Sealand in Sept. 2, 1976. Bates calls himself Prince and his wife Princess and they issued coins, passports, and stamps for their new country and created a constitution. Sealand has a de facto international recognition as an independent country ( Principality of Sealand by Matt Rosenberg http://geography.about.com/od/politicalgeography/a/sealand.htm ). Due to old age, Roy moved to the mainland, making his son, Michael, regent and head of state of Sealand, and their family is survived by Joan, Michael and his daughter Penny (Self declared prince of sovereign principality dies age 91 http://www.theguardian.com/uk/2012/oct/10/prince-sealand-dies ).
III. Discussion According to Article 1 of the Montevideo Convention, a state should possess the following qualifications: a permanent population, a definite territory, an effective government and sovereignty (Montivideo Convention on the rights and duties of the state) which refers to the power of the state to control its domestic affairs and to direct its relations with other states (independence). A permanent population refers to the inhabitants of the state. There is no definite requirement as to the number of inhabitants as long as it as it is enough for the workings of the government to be sustained, and able to defend themselves. In the case of Sealand, the only people that occupy Sealand are Joan, Micheal and his daughter Penny. However, they maintain a dual citizenship with that of the United Kingdom. Basically, three people are not enough to maintain the workings of the government. Moreover, it is not even enough for the maintenance of its security against foreign threat or invaders. Thus, in relation to another essential state element is the presence of an effective government able to provide public services to the people and police power. Indeed, Sealand can provide services to its three citizens; however, a state must also contain the police power in asserting its authority over its territory. The United Kingdom can attack and assert authority and jurisdiction over the said area, and Sealand cannot assure the strength of its defenses. Thirdly, is that a state must have a definite territory. Although there is no definite requirement of the size of the territory, it must be enough to provide for the sustainability of its inhabitants. As to the availability of resources, the people has to gather foods and essentials from the mainland of the United Kingdom, thus, it is not self-sufficient at all. Sealand land has no definite boundaries because its only a fortress, which is not provided for in the Montivideo Convention regarding the components of a territory, which only includes territorial domain, maritime and fluvial domain and aerial domain. Also, the location of the Sealand is encompassed by the 12 nautical miles territorial seas of the United Kingdom based on the Archipelagic Doctrine on the UNCLOS to which United Kingdom is a signatory. As to the the Principality of Sealand, it may look like it has sovereignty over its territory sovereignty, but the United Kingdom has power over its territory, thus based on the view of internal sovereignty, Sealand failed to have it. Externally, as far as recognition is concerned, there is no country that recognizes the legality of the Principality of Sealand. To quote an official from the United States Department of State "There are no independent principalities in the North Sea. As far as we are concerned, they are just Crown dependencies of Britain." IV. Conclusion The Principality of Sealand, as discussed, failed to achieve the essential elements of statehood namely, a permanent population, a definite territory, an effective government and sovereignty. It is affirmative to say that Sealand is, therefore, not a country. V. Bibliography