POL340Y1 Chapter 5: States and Sovereignty
Document Summary
Generally recognized by other states = it is a state. Makes existing states the gatekeepers of statehood - force states to adhere to their standards to accept their entry. The typically political nature of state recognition practices makes constitutivism an unattractive legal theory of statehood. Pure declatory does not acknowledge the essential role played by states in extending the benefits of statehood. No formal or legal significance for the existence of the state. Estrada doctrine: no such recognition at all, such that no adverse inferences may be drawn from a state"s failure to endorse any particular foreign government. Mostly signals approval or disapproval with a regime - hope it will abide by hr standards. Customary il is binding on all new states. Colonies don"t have to have the same treaties in effect. Doesn"t mean that it can"t accept former treaties or conditions but just doesn"t happen automatically. Uti possidetis: former colonial administrative borders to international boundaries.
