The declarative theory of statehood defines a state as a person of international law that meets certain structural criteria.
A document that is often quoted on the matter to is the Montevideo Convention from 1933, Article 1 of which states:
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 the other states.
Article 3 of the Convention declares that statehood is independent of recognition by other states. Recognition is considered a requirement for statehood by the constitutive theory of statehood.
See also
Last updated: 10-11-2005 20:02:48