Montevideo Criteria of Statehood
Description
Office of the President, Liberland:
Criteria of Statehood:
"Important, but not supremely so. Statehood doesn't rest on recognition alone; rather, it is often defined by certain objective criteria that an entity must fulfil to qualify as a state. One of the most widely accepted frameworks for defining statehood is the modern declarative theory of recognition. According to this theory, recognition presents a mere declaration of the facts of statehood.
The elements of statehood are often deemed declared by the Montevideo Convention on the Rights and Duties of States. Adopted in 1933, the Montevideo Convention sets forth clear criteria that an entity must meet to be considered a state.
The Montevideo Convention was a significant milestone in international law, providing a standardized set of guidelines for what constitutes a state. It was signed by 20 countries at the Seventh International Conference of American States in Montevideo, Uruguay, and has since been cited in numerous international legal cases and discussions. The Convention's criteria for statehood have been broadly accepted beyond the Americas and are often referenced in debates and disputes over state recognition globally.
We believe that this approach allows for a more objective assessment of statehood, reducing the influence of political biases and international relations on the determination of what constitutes a state. We will now examine Liberland in the light of the Montevideo Convention."
Principles
Office of the President, Liberland:
The Montevideo Criteria:
- Defined Territory
Unlike many micronations, Liberland has a physical territory adjacent to Croatia. This is not a fictional or virtual space but a real piece of land where the government aims to exercise its sovereignty. Importantly, Liberland's presence is not a point of contention with its Serbian neighbours, which adds a layer of geopolitical stability to its territorial claims.
- Effective Governance
Liberland is not just a concept or a community; it has an effective government that works diligently to meet the criteria for international statehood. This includes a legal framework designed to be internationally compliant, as well as efforts to prevent any form of criminal activity within its jurisdiction. The government is actively involved in diplomatic talks and international relations, aiming to gain recognition as a sovereign state.
- International Agreements: A Step Towards Recognition
One of the most telling signs of a functioning state is its ability to enter into and fulfil international agreements. Liberland has shown its capability in this regard, engaging in various forms of diplomacy and international cooperation. We can mention the memoranda of understanding with Malawi or Ghana, the memorandum with Haiti and the full and formal recognition with Somaliland.
- Permanent Population
While the population of Liberland is not large, it is permanent and growing. The settlement welcomes more settlers every day, and many more are intending to come after this winter.
Citizens and settlers have expressed a long-term commitment to residing in and developing the area, fulfilling the requirement of a permanent population. The first Liberland’s city is being born."