This document discusses the criteria for statehood and territorial sovereignty. It outlines three theories of state recognition - constitutive, declaratory, and hybrid. The constitutive theory holds that recognition alone makes an entity a state. The declaratory theory is that an entity becomes a state by meeting qualifications like population and government, regardless of recognition. The hybrid theory is a compromise, where an entity can exist as a state by meeting qualifications but only achieves full potential after recognition. The document also discusses recognition of new governments and the criteria like effective control and representation that new governments must meet to be recognized.

1. Lecture 8 & 9
Criteria of Statehood
&
Territorial Sovereignty

2. A) Recognition of State
• When ones state recognised another entity as
a ‘state’.
• The importance of being recognised: only
‘state’ can acquire international legal
personality (by the recognising state)

3. • The time of recognition is important because
at that time, the recognised state will have
international legal personality by the
recognizing state.

4. • There are 3 theories in recognition:
a)constitutive
b)declaratory
c)hybrid

5. • ‘formal acknowledgement or acceptance by a
government of the independence and
sovereignty of a newly created state or of a
newly established government in another
state, especially one establishing by
revolution’.

6. a) Constitutive Theory
• The act of recognition itself will make a
political entity into a state and therefore
became a subject of international law.
Exception to this theory – Taiwan.
• Although only 20 states recognised Taiwan
(Malaysia excluding), nevertheless it has
entered into international relations with
almost every other states in the world.

7. b) Declaratory Theory
• An entity will become a state and subsequently
become a subject of international law as soon as
it has all the four traditional qualifications for
recognition. Exception to this – Palestine.
• Recognised by more than 70 states (including
Malaysia) and have observer status as United
Nations (PLO) BUT it does not have a defined
territory or habited by ‘permanent’ population
and ‘effective’ government.

8. c) Hybrid Theory
• Arise because both the constitutive and
declaratory theory is not widely accepted by
the majority states.
• There must be a merger between these two
theories.

9. Constitutive Declaratory

10. • According to hybrid theory:
a state can exist in fact as a subject of
international law as soon as it satisfies the
conditions of statehood, but it can only realise
its full potential (as a state) only after it has
been recognised.

11. B) Recognition of Government
• If there’s a change of government in a state,
then there’s a need to recognised the new
government.
• There is no need to recognise if the new
government succeeded the old government
by lawful means: Election.

12. • Problem arise when it is done through
unlawful means.
• For example revolution and non-constitutional
means.

13. • In order for the new government to be
recognised, it must:
a) be effective
b) have exclusive control over the territory of
the state
c) demonstrate its ability to honour
international obligations
d) be representative of all shades of opinion.