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Sovereign state

A sovereign state is, in international law, a nonphysical juridical


entity that is represented by one centralized government that has
sovereignty over a geographic area. International law defines
sovereign states as having a permanent population, defined territory,
one government, and the capacity to enter into relations with other
sovereign states.[1] It is also normally understood that a sovereign
state is neither dependent on nor subjected to any other power or
state.[2]
Member states of the United Nations, all of which
While according to the declarative theory of statehood, a sovereign are sovereign states, though not all sovereign
state can exist without being recognised by other sovereign states, states are necessarily members.
unrecognised states will often find it hard to exercise full treaty-
making powers and engage in diplomatic relations with other
sovereign states.

Contents
1 Westphalian sovereignty
2 Recognition
2.1 Constitutive theory
2.2 Declarative theory
2.3 State recognition
2.4 De facto and de jure states
3 Relationship between state and government
4 State extinction
5 Ontological status of the state
5.1 The state as "quasi-abstract"
5.2 The state as "spiritual entity"
6 Trends in the number of states
7 See also
8 References
8.1 Bibliography
9 Further reading
10 External links

Westphalian sovereignty
Westphalian sovereignty is the concept of nation-state sovereignty based on territoriality and the absence of a role for external agents
in domestic structures. It is an international system of states, multinational corporations, and organizations that began with the Peace
of Westphalia in 1648.
Sovereignty is a term that is frequently misused.[3][4] Up until the 19th century, the radicalised concept of a "standard of civilization"
was routinely deployed to determine that certain peoples in the world were "uncivilised", and lacking organised societies. That
position was reflected and constituted in the notion that their "sovereignty" was either completely lacking, or at least of an inferior
character when compared to that of "civilised" people."[5] Lassa Oppenheim said, "There exists perhaps no conception the meaning
of which is more controversial than that of sovereignty. It is an indisputable fact that this conception, from the moment when it was
introduced into political science until the present day, has never had a meaning which was universally agreed upon."[6] In the opinion
of H. V. Evatt of the High Court of Australia, "sovereignty is neither a question of fact, nor a question of law, but a question that does
not arise at all."[7]

Sovereignty has taken on a different meaning with the development of the principle of self-determination and the prohibition against
the threat or use of force as jus cogens norms of modern international law. The United Nations Charter, the Draft Declaration on
Rights and Duties of States, and the charters of regional international organizations express the view that all states are juridically
equal and enjoy the same rights and duties based upon the mere fact of their existence as persons under international law.[8][9] The
right of nations to determine their own political status and exercise permanent sovereignty within the limits of their territorial
jurisdictions is widely recognized.[10][11][12]

In political science, sovereignty is usually defined as the most essential attribute of the state in the form of its complete self-
[13]
sufficiency in the frames of a certain territory,that is its supremacy in the domestic policy and independence in the foreign one.

Named after the 1648 Treaty of Westphalia, the Westphalian System of state sovereignty, which according to Bryan Turner is "made a
more or less clear separation between religion and state, and recognised the right of princes 'to confessionalise' the state, that is, to
determine the religious affiliation of their kingdoms on the pragmatic principle ofcuius regio eius religio."[14]

The Westphalian model of state sovereignty has increasingly come under fire from the "non-west" as a system imposed solely by
Western Colonialism. What this model did was make religion a subordinate to politics,[14] a problem that has caused some issues in
the Islamic world. This system does not fit in the Islamic world because concepts such as "separation of church and state" and
"individual conscience" are not recognised in the Islamic religion as social systems.

In casual usage, the terms "country", "nation", and "state" are often used as if they weresynonymous; but in stricter usage they can be
distinguished:

Country denotes a region of land defined by geographical features or political boundaries.


Nation denotes a people who are believed to or deemed to share common customs, religion, language, origins,
ancestry or history. However, the adjectives national and international are frequently used to refer to matters
pertaining to what are strictlysovereign states, as in national capital, international law.
State refers to the set of governing and supportive institutions that havesovereignty over a definite territory and
population. Sovereign states arelegal persons.

Recognition
State recognition signifies the decision of a sovereign state to treat another entity as also being a sovereign state.[15] Recognition can
be either expressed or implied and is usually retroactive in its effects. It does not necessarily signify a desire to establish or maintain
diplomatic relations.

There is no definition that is binding on all the members of the community of nations on the criteria for statehood. In actual practice,
the criteria are mainly political, not legal.[16] L.C. Green cited the recognition of the unborn Polish and Czechoslovak states in World
War I and explained that "since recognition of statehood is a matter of discretion, it is open to any existing State to accept as a state
[17]
any entity it wishes, regardless of the existence of territory or of an established government."

[18]
In international law, however, there are several theories of when a state should be recognised as sovereign.

Constitutive theory
The constitutive theory of statehood defines a state as a person of international law if, and only if, it is recognised as sovereign by
other states. This theory of recognition was developed in the 19th century. Under it, a state was sovereign if another sovereign state
recognised it as such. Because of this, new states could not immediately become part of the international community or be bound by
international law, and recognised nations did not have to respect international law in their dealings with them.[19] In 1815, at the
Congress of Vienna the Final Act recognised only 39 sovereign states in the European diplomatic system, and as a result it was firmly
established that in the future new states would have to be recognised by other states, and that meant in practice recognition by one or
more of the great powers.[20]

One of the major criticisms of this law is the confusion caused when some states recognise a new entity, but other states do not.
Hersch Lauterpacht, one of the theory's main proponents, suggested that it is a state's duty to grant recognition as a possible solution.
However, a state may use any criteria when judging if they should give recognition and they have no obligation to use such criteria.
[19]
Many states may only recognise another state if it is to their advantage.

In 1912, L. F. L. Oppenheim had the following to say on constitutive theory:

International Law does not say that a State is not in existence as long as it isn't recognised, but it takes no notice of it
before its recognition. Through recognition only and exclusively a State becomes an International Person and a
subject of International Law.[21]

Declarative theory
By contrast, the declarative theory of statehooddefines a state as a person in international lawif it meets the following criteria: 1) a
defined territory; 2) a permanent population; 3) a government and 4) a capacity to enter into relations with other states. According to
declarative theory, an entity's statehood is independent of its recognition by other states. The declarative model was most famously
expressed in the 1933Montevideo Convention.[22]

Article 3 of the Montevideo Convention declares that political statehood is independent of recognition by other states, and the state is
not prohibited from defending itself.[23] In contrast, recognition is considered a requirement for statehood by the constitutive theory
of statehood.

A similar opinion about "the conditions on which an entity constitutes a state" is expressed by the European Economic Community
Opinions of the Badinter Arbitration Committee, which found that a state was defined by having a territory, a population, and a
political authority.

State recognition
State practice relating to the recognition of states typically falls somewhere between the declaratory and constitutive approaches.[24]
International law does not require a state to recognise other states.[25] Recognition is often withheld when a new state is seen as
illegitimate or has come about in breach of international law. Almost universal non-recognition by the international community of
Rhodesia and Northern Cyprus are good examples of this, the former only having been recognized by South Africa, and the latter
only recognized by Turkey. In the case of Rhodesia, recognition was widely withheld when the white minority seized power and
attempted to form a state along the lines of Apartheid South Africa, a move that the United Nations Security Councildescribed as the
creation of an "illegal racist minority rgime".[26] In the case of Northern Cyprus, recognition was withheld from a state created in
Northern Cyprus.[27] International law contains no prohibition on declarations of independence,[28] and the recognition of a country
is a political issue.[29] As a result, Turkish Cypriots gained "observer status" in the PACE, and their representatives are elected in the
Assembly of Northern Cyprus;[30] and Northern Cyprus became an observer member of theOIC and the ECO.

Taiwan is in a similar situation. Only 20 countries recognize the Republic of China as the government of Taiwan.[31] The People's
Republic of China claims sovereignty of Taiwan, see Political status of Taiwan.
De facto and de jure states
Most sovereign states are states de jure and de facto (i.e., they exist both in law and in reality). However, a state may be recognised
only as a de jure state, in that it is recognised as being the legitimate government of a territory over which it has no actual control. For
example, during the Second World War, governments-in-exile of a number of continental European states continued to enjoy
diplomatic relations with the Allies, notwithstanding that their countries were under Nazi occupation. The PLO and Palestinian
Authority claim that the State of Palestine is a sovereign state, a claim which has been recognised by most states, though the territory
it claims is under the de facto control of Israel.[32][46] Other entities may have de facto control over a territory but lack international
recognition; these may be considered by the international community to be only de facto states. They are considered de jure states
only according to their own law and by states that recognise them. For example, Somaliland is commonly considered to be such a
state.[47][48][49][50] For a list of entities that wish to be universally recognised as sovereign states, but do not have complete
worldwide diplomatic recognition, see the list of states with limited recognition.

Relationship between state and government


Although the terms "state" and "government" are often used interchangeably,[51] international law distinguishes between a non-
physical state and its government; and in fact, the concept of "government-in-exile" is predicated upon that distinction.[52] States are
non-physical juridical entities, and not organisations of any kind.[53] However, ordinarily, only the government of a state can obligate
or bind the state, for example by treaty.[52]

State extinction
Generally speaking, states are durable entities, though it is possible for them to become extinguished, either through voluntary means
or outside forces, such as military conquest. According to a 2004 study, violent state abolition has virtually ceased since the end of
World War II.[54] Because states are non-physical juridical entities, it has been argued their extinction cannot be due to physical force
alone.[55] Instead, the physical actions of the military must be associated with the correct social or judiciary actions in order to
abolish a state.

Ontological status of the state


The ontological status of the state has been the subject of debate,[56] specially, whether or not the state, being an object that no one
can see, taste, touch, or otherwise detect,[57] actually exists.

The state as "quasi-abstract"


It has been argued that one potential reason as to why the existence of states has been controversial is because states do not have a
place in the traditional Platonist duality of the concrete and the abstract.[58] Characteristically, concrete objects are those that have
position in time and space, which states do not have (though their territories have spatial position, but states are distinct from their
territories), and abstract objects have position in neither time nor space, which does not fit the supposed characteristics of states
either, since states do have temporal position (they can be created at certain times and then become extinct at a future time). Also,
abstract objects are characteristically completely non-causal, which is also not a characteristic of states, since states can act in the
world and can cause certain events (though only by actions taken on their behalf through a representative).[59] Therefore, it has been
argued that states belong to a third category, the quasi-abstract, that has recently begun to garner philosophical attention, especially in
the area of documentality, an ontological theory that seeks to understand the role of documents in understanding all of social reality.
Quasi-abstract objects, such as states, can be brought into being through document acts, and can also be used to manipulate them,
.[58]
such as by binding them by treaty or surrendering them as the result of a war

Scholars in international relations can be broken up into two different practices, realists and pluralists, of what they believe the
ontological state of the state is. Realists believe that the world is one of only states and interstate relations and the identity of the state
is defined before any international relations with other states. On the other hand, pluralists believe that the state is not the only actor
[60]
in international relations and interactions between states and the state is competing against many other actors.
The state as "spiritual entity"
Another theory of the ontology of the state is that the state is a spiritual[61] or "mystical entity"[61] with its own being, distinct from
the members of the state.[61] The German Idealist philosopher Georg Hegel (17701831) was perhaps the greatest proponent of this
theory.[61] The Hegelian definition of the state is "the Divine Idea as it exists onEarth".[62]

Trends in the number of states


Since the end of World War II, the number of sovereign states in the international system has surged.[63] Some research suggests that
the existence of international and regional organisations, the greater availability of economic aid, and greater acceptance of the norm
of self-determination have increased the desire of political units to secede and can be credited for the increase in the number of states
in the international system.[64][65] Harvard economist Alberto Alesina and Tufts economist Enrico Spolaore argue in their book, Size
of Nations, that the increase in the number of states can partly be credited to a more peaceful world, greater free trade and
international economic integration, democratisation, and the presence of international organisations that co-ordinate economic and
political policies.[66]

See also
Exclusive mandate
Failed state
Federated state
List of sovereign states(by formation date)
List of sovereign states and dependent territories by continent
Nation-building
Rule according to higher law
Stateless society
Unitary state
Proto-state

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Shaw, Malcolm Nathan (2003).International law. Cambridge University Press. p. 178."Article 1 of the
Montevideo Conventionon Rights and Duties of States, 1 lays down the most widely accepted formulation of the
criteria of statehood in international law. It note that the state as an international person should possess the
following qualifications: '(a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to
enter into relations with other states'"
Jasentuliyana, Nandasiri, ed. (1995).Perspectives on international law. Kluwer Law International. p. 20."So far
as States are concerned, the traditional definitions provided for in the Montevideo Convention remain generally
accepted."
2. See the following:
Wheaton, Henry (1836).Elements of international law: with a sketch of the history of the science
. Carey, Lea &
Blanchard. p. 51. "A sovereign state is generally defined to be any nation or people, whatever may be the form of
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"
"sovereign" (http://dictionary.reference.com/browse/sovereign), The American Heritage Dictionary of the English
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"sovereign", The New Oxford American Dictionary(2nd ed.), Oxford: Oxford University Press, 2005,ISBN 0-19-
517077-6, "adjective ... [ attrib. ] (of a nation or state) fully independent and determining its own fairs."
af
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territories.
[32][41][42][43][44][45]

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Bibliography
Schmandt, Henry J., and Paul G. Steinbicker
. Fundamentals of Government(Milwaukee: The Bruce Publishing
Company, 1954 [2nd printing, 1956]).

Further reading
Chen, Ti-chiang. The International Law of Recognition, with Special Reference to Practice in Great Britain and the
United States. London, 1951.
Crawford, James. The Creation of States in International Law. Oxford University Press, 2005.ISBN 0-19-825402-4,
pp. 1524.
Lauterpacht, Hersch (2012).Recognition in International Law. Cambridge University Press.ISBN 9781107609433.
Rai, D. Statehood and the Law of Self-determination. Martinus Nijhoff Publishers, 2002. ISBN 978-90-411-1890-5.
p 29 (with reference to Oppenheim in International Law oVl. 1 1905 p110)
Schmandt, Henry J., and Paul G. Steinbicker. Fundamentals of Government, "Part Three. The Philosophy of the
State" (Milwaukee: The Bruce Publishing Company , 1954 [2nd printing, 1956]). 507 pgs. 23 cm. LOC classification:
JA66 .S35 https://lccn.loc.gov/54010666

External links
Opinions of the Badinter Arbitration Committeeat the European Journal of International Law
A Brief Primer on International LawWith cases and commentary. Nathaniel Burney, 2007.
What constitutes the sovereign state?by Michael Ross Fowler and Julie Marie Bunck
Links to the best political risk websites, ipoliticalrisk.cominformation on tracking, evaluating and managing sovereign
risk for trade and permanent investment
Legal opinion by the Negotiations Support Unit in the Palestinian Authority on transitional sovereignty

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