P F Tinmore, et al,
Obviously, you missed this point several times. I've tried to explain it several different ways. And again, in
Posting 828, I've tried yet another way. And again --- you go back to this idea of land acquisition --- for civil real-estate and territorial captures. Please go back to Posting #828 and re-read it. If you are unwilling to take my word for it, then I have also given you three more references from three other independent sources on the "Constitutive" and "Declarative" Theory. Neither of which even remotely requires your improper assumption of territorial acquisition
(by military conquest or discovery --- of by real-estate acquisition or land transfer). Because, no matter how logical it sounds to you, in my forty years of experience, I've never seen it done that way.
(REFERENCES)
Sovereign state
Member states of the
United Nations, all of which are sovereign states, though not all sovereign states are necessarily members
In
international law, a sovereign state is a nonphysical
juridical entity that is represented by one
centralized government that has
sovereignty over a geographic area. International law defines sovereign states as having a permanent population, defined territory, one
government, and the capacity to enter into
relations with other sovereign states.
[1] It is also normally understood that a state is neither dependent on nor subject to any other power or state.
[2]
The existence or disappearance of a state is a
question of fact.
[3] While according to the declarative theory of state recognition a sovereign state can exist without being
recognised by other sovereign states, unrecognised states will often find it hard to exercise full treaty-making powers and engage in
diplomatic relations with other sovereign states.
Contents
Emergence of states
States came into existence as people "gradually transferred their allegiance from an individual sovereign (king, duke, prince) to an intangible but territorial political entity, of the state".
[4] States are but one of several political orders that emerged from feudal Europe (others being city states, leagues, and empires with universalist claims to authority.
[5]
Sovereign state
From Wikipedia, the free encyclopedia
A
sovereign state is a state with borders where people live, and where a government makes laws and talks to other sovereign states. The people have to follow the laws that the government makes. Most sovereign states are
recognized which means other sovereign states agree that it's really a sovereign state. Being recognized makes it easier for a sovereign state to talk to and make agreements (
treaties) with other sovereign states. There are hundreds of recognized sovereign states today - see
List of sovereign states.
Contents
What a sovereign state is.
There is no rule to say what exactly makes a state. Usually, the things a state must have are mainly political, not legal.
[1] The
Czechs and the
Poles were seen as separate states during
World War I, even though they did not exist as states yet. L.C. Green explained this by saying that "recognition of statehood 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 an established government."
[2]
This means that it is up to any state that already exists to treat any other group as a state. This recognition can be direct or
implied. When a state does this, it usually means that the group will also be treated as a state for things that happened in the past. It does not need to mean that the state wants to have a
diplomaticrelationship with the other group.
Constitutive theory of statehood
Main page:
Constitutive theory of statehood
In 1815 at the
Congress of Vienna the
Final Act only recognized 39 sovereign states in Europe. Because of this, they said that in future new states would have to be recognized by other states. In practice, this meant recognition by one or more of the most powerful countries.
[6]
This constitutive theory was developed in the 19th century to describe what is and is not a state. With this theory, the need to follow
international law depends on whether other sovereign governments recognize the group. Because of this, new states could not become part of the international community or be bound by international law immediately, so recognized nations did not have to respect international law in their dealings with them.
[7]
One of the major criticisms of this law is the confusion that happens when some states recognize a new group, but other states do not.
Hersch Lauterpacht, one of the main people who supported the theory, suggested that it is a state's job to grant recognition as a possible solution. However, a state may use any set of rules when judging if they should give recognition. Many states may only recognize another state if it will help them.
[7]
Declarative theory of statehood
Main page:
Montevideo Convention
One of the criteria most commonly used by
micronations is the
Montevideo Convention. The Montevideo Convention was signed on December 26 1933. The Montevideo Convention has four conditions that a group "should" meet to become a state:
- a population that lives there
- a set piece of land
- a government
- the ability to enter into relations with other states
Sovereignty: two Competing Theories of State Recognition – William Worster
Article by: William Worster, Universities of The Hague and Missouri-Kansas City (February 2010)
International law is dominated by two competing theories of state recognition, with the “declaratory” view currently in prominence but possibly just beginning its decline in favor of the “constitutive” view.
It didn't acquire the land because it never had to. Acquiring land is a Tinmore pre requisite for becoming a country, remember?
Where does it say that in order to become a country, land must be acquired ? Where is it written that it is a pre requisite.
Cue song and dance 3, 2, 1 ....
A state needs a defined territory.
Where did Israel get a defined territory?
MY God you are stupid. International law dictates that Sovereign states have defined territory. Israel is a sovereign state. Therefore Israel has defined territory.
Now stop ducking my question. Where did you read that a country needs to ACQUIRE territory in order to declare independence ?
Well if it does not have any it needs to get it from someplace. Usually it is an agreement or treaty with those who have the territory you want.
That is what I have been looking for.
(COMMENT)
I believe that your mistake in understanding is in the layman's oversimplification of the means by which nations, states and empires are developed. And while I've tried to explain it as simply as I can, it is clear to me that you have been infected by some theory which no support.
Most Respectfully,
R