Bangsamoro in the Philippines

2062 Words Jan 29th, 2018 8 Pages
This chapter deals with identifying the legal characteristics which can qualify an entity as a sate and the act of recognition. It considers the norms constituting the statehood criteria and their relationship with the act of recognition.
It is important to note the capacities associated with the legal personality of states. These includes the capacity to make international agreements, capacity to bring international claims in cases giving rise to state responsibility or breach of international law or in engaging in privileges and immunities with respect to national jurisdiction.


The traditional Statehood Criteria

The Montevideo Convention on Rights and Duties of States, in its Article 1, provides: “The State as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory, (c) government; and (d) capacity to enter into relations with other states.” These are considered as customary international law. There is no minimum requirement of the area or a minimum number of population in the criteria of a permanent population and a defined territory.

The enumeration uses the word ‘permanent’, the Montevideo Convention does not specify the threshold of permanence. Going…
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