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State

A term of international law: those groups of people which have acquired international recognition as an independent country and which have four characteristics; permanent and large population with, generally, a common language; a defined and distinct territory; a nations to refer to what international law calls states.

A term of international law; an independent country with standing in international law such as by membership in the United Nations, recognition by other states and adherence to international treaties. An example would be Iceland (map, pictured)

The 1933 Pan-American Convention on the Rights and Duties of States specifically defines statehood, at ¶1 as:

"The state as a person of international law should possess the following qualifications: a ) a permanent population; b ) a defined territory; c ) government; and d) capacity to enter into relations with the other states."

IcelandInternational law wavers on this definition, historically relying on neat numbered lists such as the 1933 sample above, other times considering an applicant for recognition as a state against criteria of permanence, compliance with international law, civilization, legal order and recognition by other established states.

Confusing to laypersons, within domestic constuitutional law, and in some "states", the term refers to smaller geographical and political units, not having any international law presence but exercising limited local jurisdictions within its borders. For example, the United "States" of America is comprised of 50 states; yet the USA is a state and a nation for the purposes of international law, the United Nations, and towards other such states, of which the UN is comprised of 192 "states" (see Euopean extract of UN map, above).


References and further reading:

 

• Parry & Grant, Encyclopedic Dictionary of International Law, 1986, Oceana Publications, USA.

• Osmanczyk, Edmund, Encycolpedia of the UN and International Agreements, 1985, published by Taylor and Franci.

• UN member list at un.org/members/list.shtml

• See also the definition of nation and the articles at International Law including International Law: A Primer.


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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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