According to the Montevideo Convention of 1933, a community or territory should have the following before being considered a state;
Which Matters More, the Constitutive or Declaratory View?
When evaluating the role of international law, the constitutive view has a higher significance than the declaratory approach because of the nature of international law. The constitutive view allows territories to follow the right process of becoming a state. It eliminates and controversies that may arise from doubts expressed by other regions in the geopolitical environment. From this realization, the formation and execution of international law are dependent on the availability of states, which evaluate the impact of proposed measures on personal relations. Hence, territories should consider the constitutive view of becoming a state because of their governance and interactions with other countries.
I believe territories should also have a strong military identity that discourages other communities from exploiting them. International law supports the constitutive view and discourages the declaratory option that exposes countries to a series of conflicts because of the mixed reactions from other regions. The interpretation and execution of international law are dependent on the availability of states, which evaluate the impact of proposed measures on personal relations. Unlike the declaratory view that may be controversial, the constitutive approach exposes communities to a series of options that can be used to gain recognition from outsiders using the international legal scope. Notably, territories should have a permanent population, a well-defined jurisdiction, and the capability to form international relations with other recognized states in the geopolitical environment.
Comment
Dear Classmate,
I agree with your argument on the conditions that territories must satisfy before seeking recognition from the international community. Without these features, the existence of communities cannot be recognized by international law because of its inability to operate alongside other sovereign states in their immediate environment and beyond. I believe the constitutive view is more important than the declaratory approach due to its impact on the identity of a territory in the geopolitical environment. A community that cannot form economic or political relations with other countries is a weak territory that can be easily exploited by established systems of governance. Compared to the declaratory view, the constitutive approach equips a state with the much-needed charisma and power to influence outcomes involving international law. However, the declaratory view allows public participation where they can choose who can represent their beliefs and values in the international space.
