A sovereign state is a state that has the supreme sovereignty or ultimate authority over a territory . It is commonly understood that a sovereign state is independent . When referring to a specific polity , the term " country " may also refer to a constituent country, or a dependent territory .
114-457: A ministry of social affairs or department of social affairs is the common name for a government department found in states where the government is divided into ministries or departments. While there is some variation in the responsibilities of such ministries, the common thread between them is their responsibility for assisting members of society who are in a vulnerable position for example due to age, dependence on government aid, or being
228-719: 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 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
342-515: A "prior condition" to social reform and international alliances. In 1914 Vladimir Lenin wrote: "[It] would be wrong to interpret the right to self-determination as meaning anything but the right to existence as a separate state." Woodrow Wilson revived America's commitment to self-determination, at least for European states, during World War I. When the Bolsheviks came to power in Russia in
456-484: 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
570-577: A free association of equal states. As India obtained its independence, multiple ethnic conflicts emerged in relation to the formation of a statehood during the Partition of India which resulted in Islamic Pakistan and Secular India. Before the advent of the British , no empire based in mainland India had controlled any part of what now makes up the country's Northeast, part of the reason for
684-437: 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
798-556: 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
912-676: A minority can secede. In the United States Abraham Lincoln acknowledged that secession might be possible through amending the United States Constitution . The Supreme Court in Texas v. White held secession could occur "through revolution, or through consent of the States." The British Parliament in 1933 held that Western Australia only could secede from Australia upon vote of a majority of
1026-492: A minority has long been contested in democracies with majority rule. For instance, in his first inaugural speech Abraham Lincoln argued that: Plainly the central idea of secession is the essence of anarchy. A majority held in restraint by constitutional checks and limitations, and always changing easily with deliberate changes of popular opinions and sentiments, is the only true sovereign of a free people. Whoever rejects it does of necessity fly to anarchy or to despotism. Unanimity
1140-423: 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
1254-491: 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
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#17327901780631368-410: 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
1482-483: A people and which groups may legitimately claim the right to self-determination. As World Court judge Ivor Jennings put it: "the people cannot decide until somebody decides who are the people". The norm of self-determination can be originally traced to the American and French revolutions, and the emergence of nationalism . The European revolutions of 1848 , the post-World War I settlement at Versailles , and
1596-404: A separate people, but under current law cannot claim the right to self-determination. On the other hand, she finds that secession within a single state is a domestic matter not covered by international law. Thus, there are no on what groups may constitute a seceding people. A number of states have laid claim to territories, which they allege were removed from them as a result of colonialism. This
1710-496: 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
1824-416: 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
1938-443: 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
2052-436: A territory subject to a historic territorial claim are prevented from exercising a right to self-determination. This interpretation is rejected by many states, who argue that Paragraph 2 of UN Resolution 1514(XV) states that "all peoples have the right to self-determination" and Paragraph 6 cannot be used to justify territorial claims. The original purpose of Paragraph 6 was "to ensure that acts of self-determination occur within
2166-492: 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
2280-512: Is a sizable minority group. In democratic societies, majority rule is often used to determine the outcome in electoral and voting processes. However, a major critique of majority rule is that it may result in the tyranny of the majority , especially in cases in which a simple majority is used in order to determine outcome. This flaw is particularly poignant when there is a large minority group whose interests are not being represented, and who may then seek to secede. The right to self-determination by
2394-461: 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
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#17327901780632508-458: 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,
2622-428: Is defined as the entire population of the occupied territorial unit, no matter their other differences. Meanwhile, in cases where people lack representation by a state's government, the unrepresented become a defined as a separate people. Present international law does not recognize ethnic and other minorities as separate peoples, with the notable exception of cases in which such groups are systematically disenfranchised by
2736-461: Is impossible. The rule of a minority, as a permanent arrangement, is wholly inadmissible; so that, rejecting the majority principle, anarchy or despotism in some form is all that is left. However, liberal proponents for the right to self-determination by minority groups contradict this notion by arguing that, in cases where the minority is not able to become the majority, and that minority is territorially concentrated and does not want to be governed by
2850-466: Is justified by reference to Paragraph 6 of UN Resolution 1514(XV), which states that any attempt "aimed at partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter". This, it is claimed, applies to situations where the territorial integrity of a state had been disrupted by colonisation, so that the people of
2964-470: 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
3078-467: Is no contradiction between the principles of self-determination and territorial integrity, with the latter taking precedence. Allen Buchanan , author of seven books on self-determination and secession, supports territorial integrity as a moral and legal aspect of constitutional democracy. However, he also advances a "Remedial Rights Only Theory" where a group has "a general right to secede if and only if it has suffered certain injustices, for which secession
3192-447: 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
3306-547: Is not a recognized legal definition of "peoples" in international law. Indeed, Ivor Jennings called Wilson's doctrine "ridiculous" because, though on the surface it seems reasonable to "let the people decide", in practice "the people cannot decide until someone decides who are the people". Reviewing various international judgements and UN resolutions, Vita Gudeleviciute of Vytautas Magnus University Law School finds that, in cases of non-self-governing peoples (colonized and/or indigenous) and foreign military occupation, "a people"
3420-419: Is the appropriate remedy of last resort." He also would recognize secession if the state grants, or the constitution includes, a right to secede. Vita Gudeleviciute holds that in cases of non-self-governing peoples and foreign military occupation the principle of self-determination trumps that of territorial integrity. In cases where people lack representation by a state's government, they also may be considered
3534-563: Is the right to representative government with full suffrage . Self-determination is a cardinal principle in modern international law , binding, as such, on the United Nations as an authoritative interpretation of the Charter 's norms. The principle does not state how the decision is to be made, nor what the outcome should be (whether independence , federation , protection , some form of autonomy or full assimilation ), and
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3648-543: Is the will of the people that makes a state legitimate. This implies a people should be free to choose their own state and its territorial boundaries. However, there are far more self-identified nations than there are existing states and there is no legal process to redraw state boundaries according to the will of these peoples. According to the Helsinki Final Act of 1975, the UN, ICJ and international law experts, there
3762-607: 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
3876-482: 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
3990-461: 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
4104-797: The Atlantic Charter and accepted the principle of self-determination. In January 1942 twenty-six states signed the Declaration by United Nations , which accepted those principles. The ratification of the United Nations Charter in 1945 at the end of World War II placed the right of self-determination into the framework of international law and diplomacy. On 14 December 1960, the United Nations General Assembly adopted United Nations General Assembly Resolution 1514 (XV) subtitled " Declaration on
4218-717: The Chinese Civil War . The Korean War shifted the focus of the Cold War from Europe to Asia, where competing superpowers took advantage of decolonization to spread their influence. In 1947, India gained independence from the British Empire . The empire was in decline but adapted to these circumstances by creating the British Commonwealth —since 1949 the Commonwealth of Nations —which is
4332-568: 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
4446-502: 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
4560-670: 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
4674-659: The Empire of Japan renounced control over many of its former possessions including Korea , Sakhalin Island , and Taiwan . In none of these areas were the opinions of affected people consulted, or given significant priority. Korea was specifically granted independence but the receiver of various other areas was not stated in the Treaty of San Francisco , giving Taiwan de facto independence although its political status continues to be ambiguous. In 1941 Allies of World War II declared
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4788-579: The Indian independence movement . And Italy, Japan and Germany all initiated new efforts to bring certain territories under their control, leading to World War II. In particular, the National Socialist Program invoked this right of nations in its first point (out of 25), as it was publicly proclaimed on 24 February 1920 by Adolf Hitler . In Asia, Japan became a rising power and gained more respect from Western powers after its victory in
4902-712: The October Revolution , they called for Russia's immediate withdrawal as a member of the Allies of World War I . They also supported the right of all nations, including colonies, to self-determination." The 1918 Constitution of the Soviet Union acknowledged the right of secession for its constituent republics. This presented a challenge to Wilson's more limited demands. In January 1918 Wilson issued his Fourteen Points of January 1918 which, among other things, called for adjustment of colonial claims, insofar as
5016-719: The Russo-Japanese War . Japan joined the Allied Powers in World War I and attacked German colonial possessions in the Far East , adding former German possessions to its own empire. In the 1930s, Japan gained significant influence in Inner Mongolia and Manchuria after it invaded Manchuria . It established Manchukuo , a puppet state in Manchuria and eastern Inner Mongolia . This was essentially
5130-577: 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
5244-480: The Soviet threat of seizing parts of Inner Mongolia induced China to recognize Outer Mongolia's independence , provided that a referendum was held. The referendum took place on October 20, 1945, with (according to official numbers) 100% of the electorate voting for independence. Many of East Asia 's current disputes to sovereignty and self-determination stem from unresolved disputes from World War II. After its fall,
5358-791: The Special Committee on Decolonization to ensure decolonization complete compliance with the principles of self-determination in General Assembly Resolution 1541 (XV). However, the charter and other resolutions did not insist on full independence as the best way of obtaining self-government , nor did they include an enforcement mechanism. Moreover, new states were recognized by the legal doctrine of uti possidetis juris , meaning that old administrative boundaries would become international boundaries upon independence if they had little relevance to linguistic, ethnic, and cultural boundaries. Nevertheless, justified by
5472-412: 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
5586-750: The Vistula River flowed into the Baltic Sea , be ceded to Poland. At the Paris Peace Conference in 1919, the Polish delegation led by Roman Dmowski asked for Wilson to honor point 14 of the 14 points by transferring Danzig to Poland, arguing that the city was rightfully part of Poland because it was Polish until 1793, and that Poland would not be economically viable without it. During the First Partition of Poland in 1772,
5700-441: 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
5814-581: 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
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#17327901780635928-698: 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
6042-793: The 1990s Yugoslavia began a violent break up into 6 states. Macedonia became an independent nation and broke off from Yugoslavia peacefully. Kosovo , which was previously an autonomous unit of Serbia declared independence in 2008, but has received less international recognition. In December 1991, Gorbachev resigned as president and the Soviet Union dissolved relatively peacefully into fifteen sovereign republics , all of which rejected Communism and most of which adopted democratic reforms and free-market economies. Inside those new republics, four major areas have claimed their own independence, but not received widespread international recognition. After decades of civil war, Indonesia finally recognized
6156-649: The Granting of Independence to Colonial Countries and Peoples ", which supported the granting of independence to colonial countries and people by providing an inevitable legal linkage between self-determination and its goal of decolonisation. It postulated a new international law-based right of freedom to exercise economic self-determination. Article 5 states: Immediate steps shall be taken in Trust and Non-Self-Governing Territories , or all other territories which have not yet attained independence, to transfer all powers to
6270-700: The League of Nations to decide if Japan had committed aggression or not, stated the majority of people in Manchuria who were Han Chinese who did not wish to leave China. In 1912, the Republic of China officially succeeded the Qing Dynasty, while Outer Mongolia , Tibet and Tuva proclaimed their independence. Independence was not accepted by the government of China . By the Treaty of Kyakhta (1915) Outer Mongolia recognized China's sovereignty. However,
6384-512: The League of Nations was to assign each of the post-Ottoman, Asian and African states and colonies to a European power by the grant of a League of Nations mandate . One of the German objections to the Treaty of Versailles was a somewhat selective application of the principle of self-determination as the Republic of German-Austria , which included the Sudetenland , was seen as representing
6498-688: The Ottoman Empire; State Shintoism and Japanese identity in Japan; and Han identity in juxtaposition to the Manchurian ruling class in China. Meanwhile, in Europe itself, the rise of nationalism led to Greece , Hungary , Poland and Bulgaria all seeking or winning independence. Karl Marx and Friedrich Engels supported some of these nationalist movements, believing nationalism might be
6612-743: The Soviet Union violated principles of self-determination by suppressing the Hungarian revolution of 1956 and the Prague Spring Czechoslovak reforms of 1968. It invaded Afghanistan to support a communist government assailed by local tribal groups. However, Marxism–Leninism and its theory of imperialism were also strong influences in the national emancipation movements of Third World nations rebelling against colonial or puppet regimes. In many Third World countries, communism became an ideology that united groups to oppose imperialism or colonization. Soviet actions were contained by
6726-507: The United States which saw communism as a menace to its interests. Throughout the cold war, the United States created, supported, and sponsored regimes with various success that served their economic and political interests, among them anti-communist regimes such as that of Augusto Pinochet in Chile and Suharto in Indonesia . To achieve this, a variety of means was implemented, including
6840-567: 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
6954-429: The agreements made in the aftermath of the war would be a "readjustment of those great injustices which underlie the whole structure of European and Asiatic society", which he attributed to the absence of democratic rule. The new order emerging in the postwar period would, according to Wilson, place governments "in the hands of the people and taken out of the hands of coteries and of sovereigns, who had no right to rule over
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#17327901780637068-724: The beginnings of the process of decolonization . In the Statute of Westminster the United Kingdom granted independence to Canada , New Zealand , Newfoundland , the Commonwealth of Australia , and the Union of South Africa after the British parliament declared itself as incapable of passing laws over them without their consent. Although the Irish Free State had already gained internationally recognized independence at
7182-551: 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
7296-476: 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
7410-711: The conclusion of the Irish War of Independence , as established in the Anglo-Irish Treaty , it was still included in the Statute of Westminster. This statute built on the Balfour Declaration of 1926 which recognized the autonomy of these British dominions, representing the first phase of the creation of the British Commonwealth of Nations . Egypt , Afghanistan , and Iraq also achieved independence from Britain. Other efforts were unsuccessful, like
7524-621: The cooperation of the U.S. President Ronald Reagan , Gorbachev wound down the size of the Soviet Armed Forces and reduced nuclear arms in Europe, while liberalizing the Soviet economy . In the revolutions of 1989–90 , the communist regimes of Soviet satellite states collapsed in rapid succession in Poland, Hungary, Czechoslovakia, East Germany, Bulgaria, Romania, and Mongolia. East and West Germany united, Czechoslovakia peacefully split into Czech Republic and Slovakia , while in
7638-544: The country as a whole; the previous two-thirds majority vote for secession via referendum in Western Australia was insufficient. The Chinese Communist Party followed the Soviet Union in including the right of secession in its 1931 constitution in order to entice ethnic nationalities and Tibet into joining. However, the Party eliminated the right to secession in later years and had anti-secession clause written into
7752-540: The creation of united Malaysia . The Netherlands retained its New Guinea part from the previous Dutch East Indies , but Indonesia threatened to invade and annex it. A vote was supposedly taken under the UN sponsored Act of Free Choice to allow West New Guineans to decide their fate, although many dispute its veracity. Later, Portugal relinquished control over East Timor in the aftermath of Carnation Revolution in 1975, at which time Indonesia promptly invaded and annexed it . In 1999, Indonesian president B. J. Habibie
7866-435: The decolonization movement after World War II shaped and established the norm in international law. The American Revolution has been seen as the earliest assertion of the right of national and democratic self-determination, as well as the concepts of consent and sovereignty by the people governed These ideas were inspired particularly by John Locke 's writings of the previous century. Thomas Jefferson further promoted
7980-869: The early 1990s, the legitimatization of the principle of national self-determination has led to an increase in the number of conflicts within states, as sub-groups seek greater self-determination and full secession, and as their conflicts for leadership within groups and with other groups and with the dominant state become violent. The international reaction to these new movements has been uneven and often dictated more by politics than principle. The 2000 United Nations Millennium Declaration failed to deal with these new demands, mentioning only "the right to self-determination of peoples which remain under colonial domination and foreign occupation." In an issue of Macquarie University Law Journal Associate Professor Aleksandar Pavkovic and Senior Lecturer Peter Radan outlined current legal and political issues in self-determination. There
8094-404: 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
8208-401: The employee in an employee/employer relationship. Ministries of this type cover matters such as social work , social protection and assistance, pensions , welfare , health and social security , and workplace standards for employees Examples of such ministries include: Sovereign state A sovereign state is usually required to have a permanent population, defined territory,
8322-553: 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
8436-665: 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
8550-543: The established boundaries of colonies, rather than within sub-regions". Further, the use of the word attempt in Paragraph 6 denotes future action and cannot be construed to justify territorial redress for past action. An attempt sponsored by Spain and Argentina to qualify the right to self-determination in cases where there was a territorial dispute was rejected by the UN General Assembly, which re-iterated
8664-447: 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
8778-464: 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,
8892-403: The government of the state they live in. Other definitions offered are "peoples" as self-evident (from ethnicity, language, history, etc.) , or defined by "ties of mutual affection or sentiment" ("loyalty", or by mutual obligations among peoples). Professor Uriel Abulof suggests that self-determination entails the "moral double helix" of duality: 1. personal right to align with a people, and
9006-407: The increase in the number of states can partly be credited to a more peaceful world, greater free trade and international economic integration, democratisation, and the presence of international organisations that co-ordinate economic and political policies. Self-determination Self-determination refers to a people 's right to form its own political entity, and internal self-determination
9120-717: The independence of East Timor in 2002. In 1949, the Communist Party won the Chinese Civil War and established the People's Republic of China in Mainland China . The Kuomintang -led Republic of China government retreated to Taipei , its jurisdiction now limited to Taiwan and several outlying islands. Since then, the People's Republic of China has been involved in disputes with the ROC over issues of sovereignty and
9234-611: The information called for under Article 73e of the United Nations Charter in Article 3", which provided that "[t]he inadequacy of political, economic, social and educational preparedness should never serve as a pretext for delaying the right to self-determination and independence." To monitor the implementation of Resolution 1514, in 1961 the General Assembly created the Special Committee referred to popularly as
9348-699: The inhabitants of Danzig fought fiercely for it to remain a part of Poland, but as a result of the Germanisation process in the 19th century, 90% of the people in Danzig were German by 1919, which made the Allied leaders at the Paris peace conference compromise by creating the Free City of Danzig , a city-state in which Poland had certain special rights. Through the city of Danzig was 90% German and 10% Polish,
9462-502: The interests of colonial powers had equal weight with the claims of subject peoples. The Treaty of Brest-Litovsk in March 1918 led to Soviet Russia 's exit from the war and the nominal independence of Armenia, Finland, Estonia, Latvia, Ukraine, Lithuania, Georgia and Poland, though in fact those territories were under German control. The end of the war led to the dissolution of the defeated Austro-Hungarian Empire and Czechoslovakia and
9576-487: 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
9690-519: The language of self-determination, between 1946 and 1960, thirty-seven new nations in Asia, Africa, and the Middle East gained independence from colonial powers. The territoriality issue inevitably would lead to more conflicts and independence movements within many states and challenges to the assumption that territorial integrity is as important as self-determination. Decolonization in the world
9804-447: The majority, it may serve the best interest of the state to allow the secession of this group. Most sovereign states do not recognize the right to self-determination through secession in their constitutions. Many expressly forbid it. However, there are several existing models of self-determination through greater autonomy and through secession. In liberal constitutional democracies the principle of majority rule has dictated whether
9918-629: The model Japan followed as it invaded other areas in Asia and established the Greater East Asia Co-Prosperity Sphere . Japan went to considerable trouble to argue that Manchukuo was justified by the principle of self-determination, claiming that people of Manchuria wanted to break away from China and asked the Kwantung Army to intervene on their behalf. However, the Lytton commission which had been appointed by
10032-548: The notion that the will of the people was supreme, especially through authorship of the United States Declaration of Independence , which became an inspiration for European nationalist movements during the 19th century. The French Revolution legitimatized the ideas of self-determination on that Old World continent. Nationalist sentiments emerged inside traditional empires: Pan-Slavism in Russia; Ottomanism , Kemalist ideology and Arab nationalism in
10146-681: The ongoing insurgency in Northeast India . In 1971 Bangladesh obtained independence from Pakistan. Burma also gained independence from the British Empire, but declined membership in the Commonwealth. Indonesia gained independence from the Dutch Empire in 1949 after the latter failed to restore colonial control. As mentioned above, Indonesia also wanted a powerful position in the region that could be lessened by
10260-421: 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
10374-464: 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
10488-603: The orchestration of coups, sponsoring of anti-communist countries and military interventions. Consequently, many self-determination movements, which spurned some type of anti-communist government, were accused of being Soviet-inspired or controlled. In Asia, the Soviet Union had already converted Mongolia into a satellite state but abandoned propping up the Second East Turkestan Republic and gave up its Manchurian claims to China. The new People's Republic of China had gained control of mainland China in
10602-573: The people of those territories, without any conditions or reservations, in accordance with their freely expressed will and desire, without any distinction as to race, creed or colour, in order to enable them to enjoy complete independence and freedom. On 15 December 1960 the United Nations General Assembly adopted United Nations General Assembly Resolution 1541 (XV) , subtitled "Principles which should guide members in determining whether or nor an obligation exists to transmit
10716-449: The people's right to determine their politics; and 2. and mutuality (the right is as much the other's as the self's). Thus, self-determination grants individuals the right to form "a people," which then has the right to establish an independent state, as long as they grant the same to all other individuals and peoples. National self-determination appears to challenge the principle of territorial integrity (or sovereignty ) of states as it
10830-426: The people." The League of Nations was established as the symbol of the emerging postwar order; one of its earliest tasks was to legitimize the territorial boundaries of the new nation-states created in the territories of the former Ottoman Empire , Asia, and Africa. The principle of self-determination did not extend so far as to end colonialism; under the reasoning that the local populations were not civilized enough
10944-500: The political status of Taiwan. As noted, self-determination movements remain strong in some areas of the world . Some areas possess de facto independence, such as Taiwan, North Cyprus , Kosovo , and South Ossetia , but their independence is disputed by one or more major states. Significant movements for self-determination also persist for locations that lack de facto independence, such as East Turkistan ("Xinjiang"), Kurdistan , Balochistan , Chechnya , and Palestine . Since
11058-563: 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 ,
11172-430: The principle was encouraged by both Soviet Premier Vladimir Lenin and United States President Woodrow Wilson . Having announced his Fourteen Points on 8 January 1918, on 11 February 1918 Wilson stated: "National aspirations must be respected; people may now be dominated and governed only by their own consent. 'Self determination' is not a mere phrase; it is an imperative principle of action." During World War II ,
11286-588: The principle was included in the Atlantic Charter , jointly declared on 14 August 1941 by Franklin D. Roosevelt , President of the United States, and Winston Churchill , Prime Minister of the United Kingdom, who pledged The Eight Principal points of the Charter. It was recognized as an international legal right after it was explicitly listed as a right in the UN Charter . Implementing the right to self-determination can be politically difficult, in part because there are multiple interpretations of what constitutes
11400-489: 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
11514-401: The right of self-determination does not necessarily include a right to an independent state for every ethnic group within a former colonial territory. Further, no right to secession is recognized under international law. The concept emerged with the rise of nationalism in the 19th century and came into prominent use in the 1860s, spreading rapidly thereafter. During and after World War I ,
11628-407: The right to self-determination was a universal right. In order to accommodate demands for minority rights and avoid secession and the creation of a separate new state, many states decentralize or devolve greater decision-making power to new or existing subunits or autonomous areas . Self-determination can be at odds with the principle of majority rule and equal rights, especially when there
11742-402: 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
11856-514: 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,
11970-407: 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
12084-622: The surrounding countryside around Danzig was overwhelmingly Polish, and the ethnically Polish rural areas included in the Free City of Danzig objected, arguing that they wanted to be part of Poland. Neither the Poles nor the Germans were happy with this compromise and the Danzig issue became a flash-point of German-Polish tension throughout the interwar period. During the 1920s and 1930s there were some successful movements for self-determination in
12198-710: 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),
12312-655: The union of the State of Slovenes, Croats and Serbs and the Kingdom of Serbia as new states out of the wreckage of the Habsburg empire . However, this imposition of states where some nationalities (especially Poles , Czechs , and Serbs and Romanians ) were given power over nationalities who disliked and distrusted them was eventually used as a pretext for German aggression in World War II . Wilson publicly argued that
12426-620: The will to join Germany in those regions, while the majority of people in Danzig wanted to remain within the Reich . However, the Allies ignored the German objections; Wilson's 14 Points had called for Polish independence to be restored and Poland to have "secure access to the sea", which would imply that the German city of Danzig (modern Gdańsk , Poland ), which occupied a strategic location where
12540-668: Was contrasted by the Soviet Union 's successful post-war expansionism. Tuva and several regional states in Eastern Europe , the Baltic , and Central Asia had been fully annexed by the Soviet Union during World War II. Now, it extended its influence by establishing the satellite states of Eastern Germany and the countries of Eastern Europe , along with support for revolutionary movements in China and North Korea . Although satellite states were independent and possessed sovereignty,
12654-441: 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
12768-435: Was pressured by Australia and the United Nations to give East Timor independence. The people of former Indonesian East Timor were given a choice of either greater autonomy within Indonesia or independence . 78.5% of East Timorese voted for independence, rejecting Indonesia's special autonomy proposal. The Cold War began to wind down after Mikhail Gorbachev assumed power as Soviet General Secretary in March 1985. With
12882-432: 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
12996-517: 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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