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64-576: The British Leeward Islands was a British colony from 1671 to 1958, consisting of the English (later British) overseas possessions in the Leeward Islands . It ceased to exist from 1816 to 1833, during which time it was split into two separate colonies ( Antigua – Barbuda – Montserrat and Saint Christopher – Nevis – Anguilla – Virgin Islands ). It was dissolved in 1958 after the separation of

128-757: A Crown colony in 1684, when the government revoked a royal charter given to the Somers Isles Company , successor to the Virginia Company , which had previously controlled administration, including the appointment of governors. Afterwards the British government appointed the Governor of Bermuda .) Despite its later usage, the term "Crown colony" was used primarily, until the mid-19th century, to refer to colonies that had been acquired through wars, such as Trinidad and Tobago . After that time it

192-402: A different type of English colonial administration before then. ^ Ben Bathurst Sovereign state A sovereign state is usually required to have a permanent population, defined territory, a government not under another, and the capacity to interact with other sovereign states . In actual practice, recognition or non-recognition by other states plays an important role in determining

256-484: A fact independent of recognition or whether recognition is one of the facts necessary to bring states into being. No definition is binding on all the members of the community of nations on the criteria for statehood. Some argue that the criteria are mainly political, not legal. L.C. Green cited the recognition of the unborn Polish and Czechoslovak states in World War I and explained that "since recognition of statehood

320-437: A group of States that have established rules, procedures and institutions for the implementation of relations. Thus, the foundation for international law , diplomacy between officially recognized sovereign states, their organizations and formal regimes has been laid. 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

384-556: A legal basis in domestic law for the purposes of the Convention". On 9 October 2014, the US's Federal Court stated that "the TRNC purportedly operates as a democratic republic with a president, prime minister, legislature and judiciary". On 2 September 2015, ECtHR decided that "...the court system set up in the "TRNC" was to be considered to have been "established by law" with reference to

448-423: A more or less clear separation between religion and state, and recognized the right of princes "to confessionalize" the state, that is, to determine the religious affiliation of their kingdoms on the pragmatic principle of cuius regio eius religio [ whose realm, his religion ]." Before 1900, sovereign states enjoyed absolute immunity from the judicial process, derived from the concepts of sovereignty and

512-491: A more powerful neighbour; Belarus, in its relationship with Russia, has been proposed as a contemporary example of a semi-sovereign state. In a somewhat different sense, the term semi-sovereign was famously applied to West Germany by political scientist Peter Katzenstein in his 1987 book Policy and Politics in West Germany: The Growth of a Semi-sovereign State, due to having a political system in which

576-410: A new entity, but other states do not. Hersch Lauterpacht, one of the theory's main proponents, suggested that a state must 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. Many states may only recognise another state if it is to their advantage. In 1912, L. F. L. Oppenheim said

640-678: A semi-federal entity in 1833, coming together until 1872 under the administration of the Governor of Antigua . The islands then became known as the Federal Colony of the Leeward Islands from 1872 to 1956. From 1833 to 1940, Dominica was part of the colony; in 1940, it was transferred to the British Windward Islands group. On 3 January 1958, all islands except the Virgin Islands were absorbed into

704-496: A state as a person of international law if, and only if, it is recognised as sovereign by at least one other state. 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. In 1815, at

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768-416: A state to recognise other states. 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

832-443: A state was defined by having a territory, a population, government, and capacity to enter into relations with other states. The Montevideo Convention criteria do not automatically create a state because additional requirements must be met. While they play an important role, they do not determine the status of a country in all cases, such as Kosovo , Rhodesia , and Somaliland . In practice international relations take into account

896-492: Is a matter of discretion, it is open to any existing State to accept as a state any entity it wishes, regardless of the existence of territory or of an established government." International lawyer Hersch Lauterpacht states that recognition is not merely a formality but an active interpretation in support of any facts. Once made however it cannot be arbitrarily revoked on account of another state's own discretion or internal politics. The constitutive theory of statehood defines

960-461: 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. Up until the 19th century, the radicalised concept of a "standard of civilization" was routinely deployed to determine that certain people in the world were "uncivilized", and lacking organised societies. That position

1024-458: Is commonly considered to be such a state. Outlining the concept of a de facto state for EurasiaNet in early 2024, Laurence Broers wrote: De facto states can be understood as a product of the very system that excludes the possibility of their existence: the post-Second World War and post-colonial system of sovereign and equal states covering every centimeter of the globe. The hegemony of this system, at least until recent years,

1088-470: Is most commonly conceptualised as something categorical, which is either present or absent, and the coherence of any intermediate position in that binary has been questioned, especially in the context of international law. In spite of this, some authors admit the concept of a semi-sovereign state , a state which is officially acknowledged as sovereign but whose theoretical sovereignty is significantly impaired in practice, such as by being de facto subjected to

1152-447: Is no precise definition by which public acts can easily be distinguished from private ones. State recognition signifies the decision of a sovereign state to treat another entity as also being a sovereign state. 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 are debates over whether states can exist as

1216-607: Is what created the possibility of a de facto state as an anomaly existing outside of it - or in Alexander Iskandaryan 's memorable phrase, as "temporary technical errors within the system of international law." The Soviet and Yugoslav collapses resulted in the emergence of numerous such entities, several of which, including Abkhazia, Transdniester, South Ossetia and the NKR , survived in the margins of international relations for decades despite non-recognition. Sovereignty

1280-482: Is widely recognized. In political science, sovereignty is usually defined as the most essential attribute of the state in the form of its complete self-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, according to Bryan Turner, "made

1344-461: The Amazon's tropical forests , that are either uninhabited or inhabited exclusively or mainly by indigenous people (and some of them are still not in constant contact). Additionally, there are states where de facto control is contested or where it is not exercised over their whole area. Currently, the international community includes more than 200 sovereign states, most of which are represented in

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1408-682: The British Nationality Act 1981 . Many British citizens in the colonies (with the exceptions of the Falkland Islanders and subsequently the Gibraltarians ) found that their "Citizenship of the United Kingdom and Colonies" had changed overnight to British Dependent Territories Citizenship , a form of British citizenship that stripped them of some of their rights, including the right to reside and work in

1472-568: 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 . One of the major criticisms of this law is the confusion caused when some states recognise

1536-502: 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. The right of nations to determine their own political status and exercise permanent sovereignty within the limits of their territorial jurisdictions

1600-670: The Economic Cooperation Organization (ECO), the Organization of Turkic States (OTS), the Parliamentary Assembly of Turkic States (TURKPA) , etc.). Most sovereign states are both de jure and de facto (i.e., they exist both according to law and in practice). However, states which are only de jure are sometimes recognised as being the legitimate government of a territory over which they have no actual control. For example, during

1664-701: The House of Burgesses of the Colony of Virginia in 1619 and the House of Assembly of the Parliament of Bermuda in 1620. While initially limited in government even with an elected lower house, over the centuries in some Crown colonies, more independent authority was given. All remaining British colonies, whether Crown (such as the Falkland Islands ) or self-governing (such as Bermuda ), were renamed " British Dependent Territories " from 1 January 1983 under

1728-797: The People's Republic of China . In 2002, the British Overseas Territories Act 2002 further changed their name to British Overseas Territories . There were three types of Crown colony as of 1918, with differing degrees of autonomy: Crown colonies with representative councils , such as Bermuda , Jamaica , Ceylon and Fiji , contained two legislative chambers, consisting of Crown-appointed and locally elected members. Crown colonies with nominated councils , such as British Honduras , Sierra Leone , British Windward Islands and Hong Kong , were staffed entirely by Crown-appointed members, with some appointed representation from

1792-629: The Second World War , governments-in-exile of several states continued to enjoy diplomatic relations with the Allies , notwithstanding that their countries were under occupation by Axis powers . 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

1856-475: The United Nations . These states exist in a system of international relations, where each state takes into account the policies of other states by making its own calculations. From this point of view, States are integrated into the international system of special internal and external security and legitimization of the dilemma. Recently, the concept of the international community has been formed to refer to

1920-436: The Virginia Company and assumed control of the administration. Executive crown governors are sometimes complemented by a locally appointed and/or elected legislature with limited powers – that is, such territories lack responsible government . For example, while the House of Assembly of Bermuda has existed continuously since its first session in 1620, Bermuda has only had responsible government since 1968. (Bermuda became

1984-716: The West Indies Federation . The British Leeward Islands finally ceased to exist with the abolition of the office of its governor, and the elevation of the British Virgin Islands to the status of a separate crown colony, in 1960. A representative Leeward Islands cricket team continues to participate in West Indian domestic cricket . The armed forces of the colony included structures from Saint Kitts and Nevis , Montserrat , Antigua , Dominica , and British Virgin Islands . The islands of

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2048-441: The declarative theory of statehood defines a state as a person in international law if 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, as long as the sovereignty was not gained by military force. The declarative model

2112-517: The "constitutional and legal basis" on which it operated, and it has not accepted the allegation that the "TRNC" courts as a whole lacked independence and/or impartiality". On 3 February 2017, The United Kingdom's High Court stated "There was no duty in the United Kingdom law upon the Government to refrain from recognizing Northern Cyprus. The United Nations itself works with Northern Cyprus law enforcement agencies and facilitates co-operation between

2176-698: The "perfect equality and absolute independence of sovereigns" has created a class of cases where "every sovereign is understood to waive the exercise of a part of that complete exclusive territorial jurisdiction, which has been stated to be the attribute of every nation". Absolute sovereign immunity is no longer as widely accepted as it has been in the past, and some countries, including the United States, Canada, Singapore, Australia, Pakistan and South Africa, have introduced restrictive immunity by statute, which explicitly limits jurisdictional immunity to public acts, but not private or commercial ones, though there

2240-731: The 1800s some became, with a loosening of the power of royal governors, self-governing colonies , within which the sovereign state (the UK Government) delegated legislation for most local internal matters of governance to elected assemblies, with consent of the governor, overseen by the Colonial Office and the Board of Trade and Plantations . The Colonial Office gave way to the Dominion Office for some of these territories in 1925. Elected lower houses had their beginnings in

2304-537: The British Virgin Islands, and the remaining islands became parts of the West Indies Federation . The Leeward Islands was established as an English colony in 1671. In 1816, the islands were divided in two regions: Antigua , Barbuda , and Montserrat in one colony, and Saint Christopher , Nevis , Anguilla , and the Virgin Islands in the other. The Leeward Islands were united again as

2368-559: The Colonies . The term Crown colony continued to be used until 1981, when the British Nationality Act 1981 reclassified the remaining British colonies as "British Dependent Territories". By this time, the term "Crown colony" referred specifically to colonies lacking substantial autonomy, which were administered by an executive governor, appointed by the British Government – such as Hong Kong , before its transfer in 1997 to

2432-500: The Leeward Islands all used postage stamps inscribed "LEEWARD ISLANDS" between 1890 and 1 July 1956, often concurrently with stamps inscribed with the colony's name. The islands also issued revenue stamps between 1882 and the 1930s. British colony A Crown colony or royal colony was a colony governed by England , and then Great Britain or the United Kingdom within the English and later British Empire . There

2496-534: The United Kingdom. From 2002, the dependent territories have been known officially as British Overseas Territories . Early English colonies were often proprietary colonies , usually established and administered by companies under charters granted by the monarch. The first "royal colony" was the Colony of Virginia , after 1624, when the Crown of the Kingdom of England revoked the royal charter it had granted to

2560-567: The Westphalian equality of states . First articulated by Jean Bodin , the powers of the state are considered to be suprema potestas within territorial boundaries. Based on this, the jurisprudence has developed along the lines of affording immunity from prosecution to foreign states in domestic courts. In The Schooner Exchange v. M'Faddon , Chief Justice John Marshall of the United States Supreme Court wrote that

2624-551: The community that has the intention to inhabit the territory permanently and is capable to support the superstructure of the State, though there is no requirement of a minimum population. The government must be capable of exercising effective control over a territory and population (the requirement known in legal theory as "effective control test") and guarantee the protection of basic human rights by legal methods and policies. The "capacity to enter into relations with other states" reflects

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2688-476: The concept of " government-in-exile " is predicated upon that distinction. States are non-physical juridical entities, not organisations of any kind. However, ordinarily, only the government of a state can obligate or bind the state, for example by treaty. Generally speaking, states are durable entities, though they can become extinguished, either through voluntary means or outside forces, such as military conquest. Violent state abolition has virtually ceased since

2752-404: The effect of recognition and non-recognition. It is the act of recognition that affirms whether a country meets the requirements for statehood and is now subject to international law in the same way that other sovereign states are. State practice relating to the recognition of states typically falls somewhere between the declaratory and constitutive approaches. International law does not require

2816-553: The end of World War II. Because states are non-physical juridical entities, it has been argued that their extinction cannot be due to physical force alone. Instead, the physical actions of the military must be associated with the correct social or judiciary actions for a state to be abolished. The ontological status of the state has been a subject of debate, especially, whether or not the state, being an object that no one can see, taste, touch, or otherwise detect, actually exists. It has been argued that one potential reason as to why

2880-665: The entity's degree of independence. 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. 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

2944-447: 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. Characteristically, concrete objects are those that have a position in time and space, which states do not have (though their territories have a spatial position, states are distinct from their territories), and abstract objects have a position in neither time nor space, which does not fit

3008-464: The following, regarding constitutive theory: International Law does not say that a State is not in existence as long as it is not 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. Recognition or non-recognition by other states can override declarative theory criteria in cases such as Kosovo and Somaliland . By contrast,

3072-589: The governors, and British citizens resident in Crown colonies either had no representation in local government, or limited representation in a lower house . In several Crown colonies, this limited representation grew over time. As the House of Commons of the British Parliament has never included seats for any of the colonies, there was no direct representation in the sovereign government for British subjects or citizens residing in Crown colonies. The administration of Crown colonies changed over time and in

3136-487: The international system has surged. 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. Harvard economist Alberto Alesina and Tufts economist Enrico Spolaore argue in their book, Size of Nations, that

3200-522: The local population. Hong Kong had a representative council following the introduction of election for the Hong Kong Legislative Council in 1995. Crown colonies ruled directly by a governor , such as Basutoland , Gibraltar , Saint Helena and Singapore , were fewest in number and had the least autonomy. The "from" column lists the year the colony began to be administered by the Crown. These colonies may have existed under

3264-421: 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 in international relations and interactions between states and the state is competing against many other actors. Another theory of

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3328-464: The ontology of the state is that the state is a spiritual, or "mystical entity" with its own being, distinct from the members of the state. The German Idealist philosopher Georg Hegel (1770–1831) was perhaps the greatest proponent of this theory. The Hegelian definition of the state is "the Divine Idea as it exists on Earth". Since the end of World War II, the number of sovereign states in

3392-563: The present day, has never had a meaning, which was universally agreed upon." 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". 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 ,

3456-489: The recognition of a country is a political issue. On 2 July 2013, The European Court of Human Rights (ECtHR) decided that "notwithstanding the lack of international recognition of the regime in the northern area, a de facto recognition of its acts may be rendered necessary for practical purposes. Thus the adoption by the authorities of the "TRNC" of civil, administrative or criminal law measures, and their application or enforcement within that territory, may be regarded as having

3520-402: 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, 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

3584-514: The sovereignty of the state was subject to limitations both internal (West Germany's federal system and the role of civil society) and external (membership in the European Community and reliance on its alliance with the United States and NATO for its national security). Although the terms "state" and "government" are often used interchangeably, international law distinguishes between a non-physical state and its government; and in fact,

3648-518: The status of a country. Unrecognized states often have difficulty engaging in diplomatic relations with other sovereign states. Since the end of the 19th century, almost the entire globe has been divided into sections (countries) with more or less defined borders assigned to different states. Previously, quite large plots of land were either unclaimed or deserted, or inhabited by nomadic peoples that were not organized into states. However, even in modern states, there are large remote areas, such as

3712-407: The supposed characteristics of states either, since states do have a temporal position (they can be created at certain times and then become extinct at a future time). 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

3776-710: The two parts of the island". and revealed that the co-operation between the United Kingdom police and law agencies in Northern Cyprus is legal. Turkish Cypriots gained "observer status" in the Parliamentary Assembly of the Council of Europe (PACE) , and their representatives are elected in the Assembly of Northern Cyprus. As a country, Northern Cyprus became an observer member in various international organizations (the Organisation of Islamic Cooperation (OIC),

3840-441: Was expressed in the 1933 Montevideo Convention . A "territory" in the international law context consists of land territory, internal waters, territorial sea, and air space above the territory. There is no requirement on strictly delimited borders or minimum size of the land, but artificial installations and uninhabitable territories cannot be considered as territories sufficient for statehood. The term "permanent population" defines

3904-532: Was more broadly applied to every British territory other than British India , and self-governing colonies, such as the Province of Canada , Newfoundland , British Columbia , New South Wales , Queensland , South Australia , Tasmania , Victoria , Western Australia , and New Zealand . By the mid-19th century, the monarch was appointing colonial governors only on the advice of the Secretary of State for

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3968-432: 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 the "civilized" people". 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

4032-583: Was usually a governor to represent the Crown, appointed by the British monarch on the advice of the UK Government , with or without the assistance of a local council. In some cases, this council was split into two: an executive council and a legislative council , and the executive council was similar to the Privy Council that advises the monarch. Members of executive councils were appointed by

4096-517: 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 Council described as the creation of an "illegal racist minority régime". In the case of Northern Cyprus, recognition was withheld from a state created in Northern Cyprus. International law contains no prohibition on declarations of independence, and

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