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Author Topic: legaly founding a state  (Read 1956 times)

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Mogul

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Re: legaly founding a state
« Reply #3 on: Wed, Jun 01, 2011, 10:48 »

Yep, the "People's Temple" succeeded in securing an area of 15 km˛, not that bad. Though they technically didn't found a State, they negotiated favourable conditions with the government with regard to customs and emigration. Unfortunately, a "communist prison camp" usually doesn't work out very well.

As for the legal / illegal foundation of a State - the scholars of the International Law apparently agree that in most cases, any illegalities involved in the emergence of a new State are healed by the mere fact of its existence.

In Oppenheim-Lauterpacht: International Law, vol. 1 , 8th ed. (1955), p. 544, we read:

„The acquisition of territory by an existing State and member of the international community must not be confused, first, with the foundation of a new State [...]. The formation of a new State is [...] a matter of fact and not of law. It is through recognition, which is a matter of law, that such new State becomes a subject of International Law. As soon as recognition is given, the new State’s territory is recognized as the territory of a subject of international law, and it matters not how this territory was acquired before recognition.“

Alike, R. Y. Jennings: The Acquisition of Territory in International Law (Manchester University Press, 1963), p. 8 :

„For transfers of territory between existing States the law lays down a series of modes through which alone a valid title to the sovereignty may be passed from one to another; but for a territorial change coincident with the birth of a new State the law apparently not only fails to provide any modes of transfer but appears to be actually indifferent as to how the acquisition is accomplished.“

This sounds encouraging to me...
"Never let your sense of morals prevent you from doing what is right!" Salvor Hardin

Leoroc

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Re: legaly founding a state
« Reply #2 on: Tue, May 31, 2011, 15:54 »

It is possible to enter into an arrangement with an existing nation. It was done as recently as the 1970s.

http://en.wikipedia.org/wiki/Jonestown

Didn't work out too well for them but we aren't a cult.

joachim999

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legaly founding a state
« Reply #1 on: Tue, Aug 31, 2010, 20:10 »

You can found a state illeagaly and leagaly.

First the illegal options:

  • Founding a state on a terretory, where other humans are still living (it's a displacement)
  • Founding a state on the terretory of an existing state (it's a violation of the terretorial integrity)
  • Founding a state on the terretory claimed by an existing state(it's a provocation; like the micronations in the South-Sea, which provocated the army of Tonga. So those micronations got eradicated by Tonga's Army)

Now there is only one legal option:
  • Founding a state on a terretory, where neither other humans are still living, nor on the terretory of an existing state, nor on the terretory claimed by an existing state (

So it must be founded on a so called Terra Nullius:

For further reading:
http://en.wikipedia.org/wiki/Terra_nullius

so Tarrae Nullii are in range of sinking quality of life:

  • Svalbard
  • Greenland ?
  • Antarctica
  • Bir Tawil

Antarctica has far most the least quality of life on this planet. But it's big enough as homeland of hundreds of millions of Gays&Lesbians. Svalbard has a climate, which is on the Western Island Spitzbergen like in Cannada and on the Eastern Islands like on the Pole. Greenland is very harsch in climate. Antarctica is a white hell. Bir Tawil seems to be a pure dessert and lies in the Moslemic-World. But even in Antarctica many hundreds of people live there and survive there.

btw.: In the 17th century, Cap Cod was also a white hell, where nearly nobody thought, that the settlers would survive more than 3 years. And now, the successors of the Pilgrim-Fathers are still living there and through 4 centurys, this settlement changed into a superpower. 
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