Nation States

• 1. Permanent population
• 2. Defined territory
• 3. A government in control of the population
• 4. Capacity to entry into relations with other recognized states (you have to be accepted by the group of nations. )

Montevideo Convention 1933

• Size doesn't matter, can even have nomadic people
• Vatican and Monaco have observer status in the UN
• Nauru - south pacific island of 1,300 has same 1 vote as china

Antartica - no permamanent residence - heritage of human kind (prohibited to be a nation).

freedom of the people of a given territory or national grouping to determine their own political status and how they will be governed without undue influence from any other country. Does not mean a group of people can have a nation just because they want it.

• Literally: As you possess it.
• International Law: boudaries you inherit at the moment of independence are the boundaries you keep. (process of decolinization to stop African countrie sfrom going to war)
• Precedent: International law does not like to redraw boundaries bc every group will use precedent to get what they want

• Created when British Empire left
• Hindu v. Muslims
• Muslim minority, millions were slaughtered.
• First partition to UN, boundary created because of the blood bath.
• Sets a bad precedent?

• ICJ 1986
• Both burkino faso and mali want to keep disuputer terriroty because of ethnic groups on either side
• RULING: rejected, Usi possideits, can't have self determination just live with it.

• Supreme Court of Canada 1998
• Self determination - does not mean the write to secede, still english speaking people in Quebec
• Can lead to ethnic cleansing and killing off minorities
• Uti possidetis! No redrawing of boundaries

• No territory, land without legal status (Antarctica)
• There is no terra nullius in the universe
• Everything is accounted for, prevents imperialism (Britian claimed India as Terra Nullius bc they lacked documents claiming the land.

• Honduras Vs. El Salvador ICJ 1992
• pre-existing dispute over swamps for decades gets violent at soccer match
• El Salvador engaged in acts of Sovereignty (ACTIONS MATTER IN ICJ)
• El Salvador placed flag and ten people living there, HONDURAS DID NOT PROTEST
• Therefore displays of Sovereignty were deciding evidence (just like dokdo)

Democratic control only government that fulfills self determination (adequate representation).

Recognizing a State and Government are two different things

There are situations when the two don't match (rigged elections, nations recognize the nation but not the new president and government)

Failed State: Legally exisitng state without a ruling regime- used to prevent Terra Nullius

• Somalia - no government since 1991, fighting
• There was no point in which Somalia as a nation ceased to exist
• If government is est by Islamic regime, UN would not recognize as it was done using violence and force - violating self-determination

• Problem: Don't play by rules
• Sign treaties and break them
• bad reputations so you cant trust (iran building nukes when they shouldn't be)

• Hungary 1956 (soviets)
• Afghanistan 1979
• A regime with power, that is being controlled by a larger control. Looks legal, but not really in control .

Looks like a natipn state, but not legally (Somaliland in Somalia)

Legal nation state

give up representation to other states because embassy is too expensive, (swiss and India)

• Tricky, more than one at least,
• USA interacts with cuba through Switzerland, not directly

• US Supreme Court
• Massachusetts boycott Burma but unconstitutional, form of international relations

UN representatives could not enter rebel areas - it would signal that they acknowledge the rebel held territories.

Republic of Srpksa, East Timor

• Came out after republic of Yugoslavia
• ethnic cleansing against serbians
• President claims UN didn't recognize Srpksa as a State, no trial.
• President acted as if he was in charge of one, enough to make trial

Haiti undergoes military coup and kicks out president Jean-Bertrand Aistide. UN does not recognize the government of Haiti as they did not allow sovereignty, but instead kept communication with Aistid as representative of UN

• Great Britain vs Costa Rica 1923
• Costa Rica new gov't comes to power, Britain does not recognize. Costa rica denies economic assets and Britain successfully sues. Costa Rica is still legally bound, even with new government

• Nigerian Civil War 1967-70
• We used violence, give us a nation sate
• UN SAYS NO

• Former USSR: Russia
• Fromer Yugoslave )Serbia and Montenegro; Macedonia)
• No succesor state too much fighting
• Unification of Korea

What laws will be used for both, which international policies will be adopted for Korea. North's or South's?