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Topic: Constitutive theory of statehood

	Constitutive theory of statehood - Wikipedia, the free encyclopedia
		The constitutive theory of statehood defines a state as a person of international law which is recognised as sovereign by other states.
		Statehood according to this theory does not require diplomatic recognition by other states, but rather a recognition that it exists.
		It is the opposing point of view to the declarative theory of statehood, which defines statehood in terms of several de facto characteristics of a region.
	en.wikipedia.org /wiki/Constitutive_theory_of_statehood (103 words)

	State (Site not responding. Last check: 2007-11-06)
		On the other hand, article 3 of the convention is attacked by the advocates of the constitutive theory of statehood, where a state exists only insofar as it is recognized by other states.
		Many (especially those who favour constitutional theories of international law) therefore reject as outdated the idea of sovereignty, and view the state as just the chief political subdivision of the planet.
		Further, in Marxian theory, when classes and other forms of domination are abolished, the state will "wither away" in the sense that it will be dominated democratically by the people rather than being a force that coerces people to accept relationships of domination and exploitation.
	www.sciencedaily.com /encyclopedia/state (1555 words)

	CONK! Encyclopedia: State (Site not responding. Last check: 2007-11-06)
		Liberalism is based on the consensual theory; Marxism on the internal conflict theory; anarchism and some forms of libertarianism are based on the conquest theory.
		Further, in Marxist theory, classes and other forms of exploitation should be abolished by establishing a socialist system, which requires a dictatorship of the proletariat.
		According to Marxist theory, the state will then slowly "wither away" as the dictatorship takes more and more power "in the name of the people", and engineers representative democracy, and later direct democracy.
	www.conk.com /search/encyclopedia.cgi?q=State (2818 words)

	State - the free encyclopedia (Site not responding. Last check: 2007-11-06)
		On the other hand, article 3 of the convention is attacked by the advocates of the constitutive theory of statehood,where a state exists only insofar as it is recognized by other states.
		Many (especially thosewho favour constitutional theories of international law) therefore reject as outdated the idea of sovereignty, and view the stateas just the chief political subdivision of the planet.
		Several of these philosophies use one form or another of the socialcontract theory, which affirms that the role of the state is (or should be) to follow the will of the people and serve theirinterests, as they define them.
	www.encyclopedia-of-knowledge.com /?t=State (1460 words)

	Swans Commentary: Selective Recognition and the Dismantling of SFR Yugoslavia: The EC's Criteria under International ...
		As Grant recognizes, if recognition is constitutive of statehood and is to remain a sovereign prerogative of already existing members of the international community, than there is essentially no structural constraint to censure a state extending recognition when that recognition violates international norms, or inversely, by withholding recognition in cases where it should be forthcoming.
		Declaratory theory emerged as a reaction to the unprincipled implications and conceptual difficulties inherent in a strictly constitutive approach to recognition.
		Such an evolution of recognition theory was inspired by attempts to ensure that international law would be universal in application to all entities that meet the objective criteria of statehood within the system by insulating the objective achievement of statehood, from the subjective criteria of recognition.
	www.swans.com /library/art9/kkilib03.html (7339 words)

	Sovereignty - Wikipedia, the free encyclopedia
		According to the theory of John C. Calhoun, the states had entered into an agreement from which they might withdraw if other parties broke the terms of agreement, and they remained sovereign.
		However, Calhoun propounded this as part of a general theory of "nullification", in which a state had the right to refuse to accept any Federal law that it found to be objectionable.
		According to the theory expounded in the Federalist party, the individual states did not, after the formation of the constitution, remain completely sovereign: they retained possession of certain attributes of sovereignty, while others were ceded to the Federal government; while many states existed, only one sovereign survived.
	en.wikipedia.org /wiki/Sovereignty (926 words)

	Declarative theory of statehood - Wikipedia, the free encyclopedia
		The declarative theory of statehood defines a state as a person of international law that meets certain structural criteria.
		Article 3 of the Convention declares that statehood is independent of recognition by other states.
		Recognition is considered a requirement for statehood by the constitutive theory of statehood.
	en.wikipedia.org /wiki/Declarative_theory_of_statehood (137 words)

	Montevideo Convention - Encyclopedia.WorldSearch (Site not responding. Last check: 2007-11-06)
		Furthermore, the first sentence of article 3 explicitly states that "The political existence of the state is independent of recognition by the other states." This is known as the declarative theory of statehood.
		Some have questioned whether these criteria are sufficient, as they allow less-recognized entities like the Republic of China or even entirely non-recognized entities like the Principality of Sealand to claim full status as states.
		According to the alternative constitutive theory of statehood, a state exists only insofar as it is recognized by other states.
	encyclopedia.worldsearch.com /montevideo_convention.htm (316 words)

	State : Statehood
		The legal criteria for statehood are generally accepted to be those set out in Article 1 of the Montevideo Convention.
		According to the constitutive theory, a state exists only insofar as it is recognized by other states.
		The declarative theory, by contrast, holds that the existence of a state is independent of its recognition by other states.
	www.fastload.org /st/Statehood.html (658 words)

	The Creation of the State of Palestine:
		But the difficulty is that the constitutive theory inevitably leads to extreme subjectivity in the notion of the state.
		In the absence of such a "particular" rule, the constitutive theory leads inevitably to the proposition that another state is not bound to treat an entity as a state if it has not recognized it.
		Although the arguments in favour of premature statehood were often not set out or were poorly articulated, the importance of the principle of self-determination in such cases seems to have been that it disentitled the former sovereign to rely on its authority over the territory.
	www.ejil.org /journal/Vol1/No1/art21-01.html (1809 words)

	Thamil Eelam Doesn't Satisfy 'Montevideo Convention' Criteria for Separate State (Site not responding. Last check: 2007-11-06)
		In fact, the ‘criteria for statehood’ Wimal Weerawansa presented to Sri Lanka’s parliament to strengthen his argument that the Joint Mechanism will lead to fulfilling the criteria for the LTTE to gain international recognition are close to the Montevideo Convention declaration but fairly incorrect.
		The declarative theory holds that the existence of a state is independent of its recognition by the other states.
		The constitutive theory of statehood defines a state as a person of international law, which is recognized as sovereign, by other states.
	www.asiantribune.com /show_news.php?id=14727 (1578 words)

	STATE FACTS AND INFORMATION (Site not responding. Last check: 2007-11-06)
		Under capitalism, Marxists say, the use of force is centralized in a specialized organization which protects the capitalists' class monopoly of ownership of the means_of_production, allowing the exploitation of those without such ownership.
		Further, in Marxist theory, classes and other forms of exploitation should be abolished by establishing a socialist system, which requires a dictatorship_of_the_proletariat.
		According to Marxist theory, the state will then slowly "wither away" as the dictatorship takes more and more power "in the name of the people", and engineers representative_democracy, and later direct_democracy.
	www.factagent.com /?req=state (1985 words)

	Is the ‘Orientalist' past the future of Middle East studies? - Campus Watch (Site not responding. Last check: 2007-11-06)
		Constitutive of this disciplinary division of labour was the assumption that area studies merely served as a pool of data for testing theories that were developed based on the Western experience.
		It was based on this divide that students of world politics were led to think ‘that the only worthwhile way of engaging with the politics and history of world regions is to the extent that they can be made to appear as particular instances of the universal stories told in and about the West'.
		It is possible to explain away these opposing views by referring to the gap between theory and practice and stating that scholars and policy makers each have a false image of what the other does.
	www.campus-watch.org /article/id/1195 (5185 words)

	Read about State at WorldVillage Encyclopedia. Research State and learn about State here! (Site not responding. Last check: 2007-11-06)
		Recognition of the state's claim to independence by other states, enabling it to enter into international agreements, is often important to the establishment of its sovereignty, although some theories do not make this a requirement.
		An example in practice was the collapse of central government in Somalia in the early 1990s : the Montevideo convention would imply that the state of Somalia no longer existed, and the subsequently declared republic of
		Somaliland (comprising part of the so-called "former" Somalia) may meet the criteria for statehood.
	encyclopedia.worldvillage.com /s/b/State (1688 words)

	Is Palestine a State?
		The criterion of a "permanent population" is connected with that of territory and constitutes the physical basis for the existence of a state.
		A third criterion is that it constitute a viable entity, and finally that it's claim to statehood is compactable with the right to self-determination.
		The Palestinian claim to statehood is also difficult to sustain in light of the requirement that the territory over which a putative state exercises control be adequately defined.Infact, the greater the lack of definition, the moe the statehood of the entity is in question.
	www.expertlaw.com /library/pubarticles/palestine.html (5299 words)

	PIL I Model Answers (December 1999) (Site not responding. Last check: 2007-11-06)
		Under the constitutive theory states are given a greater level of discretion as to whether or not they will recognise a new entity as a sovereign state.
		It amends the Constitution so as to protect traditional ‘village atonement practices.’ These practices include the custom whereby a village that has suffered bad luck is required to give its youngest girl child to the local village sorcerer to be his possession for the rest of her natural life.
		As with the constitutive theory, states are allowed to recognise other states (rather than required to do so), and recognition is necessary for states to be able to enter into legal relations with other states.
	law.uwichill.edu.bb /davidberry/Exams/pil199.htm (9439 words)

	Status of Taiwan (Site not responding. Last check: 2007-11-06)
		The two opposing views are the constitutive theory of statehood and the declarative theory of statehood.
		The declarative theory of statehood is part of the Montevideo Convention.
		Therefore, Taiwan also fullfills the constitutive theory of states in that it is generally recognized to exist.
	forum.japantoday.com /Status_of_Taiwan/m_279599/tm.htm (3906 words)

	The Head Heeb: Montevideo minus one
		Much of the criticism has come from those who favor the "constitutive theory" of statehood, under which a state is an entity recognized as such by other states.
		In between are the subnational units and associated states that have special constitutional status or have been delegated certain powers to conduct international relations.
		Some of the smaller dependencies in the Pacific and elsewhere have chosen the path of "decolonization without independence," obtaining substantial autonomy and a relatively free hand to conduct relations with their neighbors while overall foreign-affairs responsibility remains with their associated nations.
	headheeb.blogmosis.com /archives/026842.html (3982 words)

	Pacifica (Site not responding. Last check: 2007-11-06)
		This specific point prevents Pacifica from being considered a state according to the generally accepted definition outlined in the Montevideo Convention.
		It is also not a state according to the constitutive theory of statehood, as it has not been recognised by other states.
		Like other micronations, Pacifica has several ancillary features of a state, including a flag, a coat-of-arms, a national anthem, a constitution, a "declaration of independence", a motto ("By Serving Each Other and God...We Shall Be Free"), and a currency.
	www.portaljuice.com /pacifica.html (349 words)

	Constitutive - Definition of Constitutive by Webster's Online Dictionary (Site not responding. Last check: 2007-11-06)
		Tending or assisting to constitute or compose ; elemental ; essential.
		An ingredient and constitutive part of every virtue.
		constitutive - constitutional in the structure of something ( especially your physical makeup)
	www.webster-dictionary.org /definition/constitutive (62 words)

	constitutive_theory_of_statehood
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	www.articlesgalore.com /documents/Constitutive_theory_of_statehood (120 words)

	WikiLint - Eve.TheState (Site not responding. Last check: 2007-11-06)
		The state as a sovereign body is also important in many definitions.
		Constitutive theory of statehood - recognition by other states is necessary to the state
		- democracies are on the rise, but not constitutional liberal democracies.
	www.dryerlint.org /pmwiki/pmwiki.php/Eve/TheState (281 words)

	[No title]
		#52: Dominion of Melchizedek - Claims to be an ecclesiastical and constitutional sovereignty inspired by the principles of the Melchizedek Bible.
		Consists of the Taongi Atoll, in the Ratak chain of the northern Marshall Islands, and Karitane Island, a previously unnamed island south of the territory of the Cook Islands.
		Named for the philosopher and political theorist John Locke (1632-1704), the Institute ascribes to his theory that society is based on natural law and that the individual is the ultimate source of political sovereignty.
	www.omniknow.com /common/wiki.php?in=en&term=Sovereignty (4011 words)

	Constitutionalism - Definition of Constitutionalism by Webster's Online Dictionary (Site not responding. Last check: 2007-11-06)
		The theory, principles, or authority of constitutional government ; attachment or adherence to a constitution or constitutional government.
		constitutionalism - a constitutional system of government ( usually with a written constitution)
		constitutionalism - advocacy of a system of government according to constitutional principles
	www.webster-dictionary.org /definition/constitutionalism (62 words)

	Constitutive theory of statehood - Art History Online Reference and Guide
		Constitutive theory of statehood - Art History Online Reference and Guide
		Constitutive theory of statehood - Your Art History Reference Guide!
		Enter the Classroom for our art history forums, news, articles and more
	www.arthistoryclub.com /art_history/Constitutive_theory_of_statehood (112 words)

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