The Legal Status Of The Islamic State

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This paper will examine the legal status of the so-called Islamic State with the aim of determining whether it is recognised as having international legal personality. Focus will also be placed on the principles of international legal personality more broadly by providing a critique on the effectiveness of these concepts in international law. Firstly a brief overview of the Islamic State will be given outlining their stated goals and information important to supporting a claim of international legal personality. Secondly we will look at the classes of established legal persons before going into each in more detail. A major consideration of this research is whether the Islamic State could be recognised as a State in international law. In answering this question the traditional criteria for statehood set out in Article I of the Montevideo Convention on Rights and Duties of States 1933 (hereinafter Montevideo Convention) will be examined along with the relevant authorities and recent developments in regards to the criteria for statehood. Secondly the consequences of where the Islamic State fits within the international legal framework will be discussed. Finally the essay will look at the effectiveness of the concept of legal personality in international law particularly in the context of the conclusion reached in relation to the Islamic State. The writings of a number of authoritative international law academics along with a range of academic journal articles have been used to
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