Statehood in International Law

  • Bhavna Dahiya
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  • Bhavna Dahiya

    Student at St Stephen's College, India

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There were an estimated fifty recognised States at the start of the 20th century. This figure grew to precisely 192 States by 2005. One of the most significant political events of the 20th century was the establishment of numerous new States. Among the most significant causes of global conflict, it has altered the nature of international law and the way that international organisations operate. In view of the ever-increasing climate change, a new question emerges around the existence of the states that are under serious threat of sinking. There is speculation about how these affected states will be reconciled within International law. The pacific states are facing the question of whether they would be expected to renounce their Statehood and legal status in the global order as an obligation. This theme starts a new debate in the realm of statehood in the 21st century. Under the influence of globalisation and the volatile nature of vulnerabilities (the "potential challenges," like terrorism, and its accompanying variables), it is also anticipated that the topic of statehood will acquire prominence. When viewing a world map, it looks as though practically the whole world is precisely split into various portions, each of which represents a distinct territorial unit called a State. A detailed look demonstrates that the idea of "statehood" is surrounded by several uncertainties underneath this perfectly split surface. What, for instance, qualifies a territory or an area as a State? This article will excavate the criterion to establish ‘statehood’ in International law. The Montevideo Convention provides both a constitutive theory and a declarative theory of statehood and I will use it in analysing the theme of the paper.




International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 1425 - 1432


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