Analysis Of International Law, National Qualifications

This paper mainly discusses the statehood in international law. The statehood in international law is the qualification of a state as a subject of international law. It is also the basic symbol of the existing of a state in international law.Chapter I presents the existing criteria for statehood in international law stipulated in the Convention on Rights and Duties of States. Other views on statehood criteria are also introduced since they were put forward by international lawyers. Through analyzing different views on the criteria for statehood, the author argues that the criteria for statehood in the Convention on Rights and Duties of States has not been universally recognized, so it is possible and necessary to discuss the criteria for statehood in international law.Chapter II delves into the elements of the criteria for statehood, and argues that the reasonable and scientific criteria should be concluded from international practice. Thus, 5 elements should be embodied. Namely, these 5 key elements are: population, defined territory, sovereignty, government and abiding by the international law in the process of building a state. This chapter also enumerates elements of a state that are put forward by international lawyers, and briefly analyzes the difference between the criteria for statehood and the elements of a state.Chapter III analyzes the establishment, termination and confirm of statehood. This chapter analyzes how the statehood is achieved under different specific situations such as independence, merger, secession or dismemberment. A state begins to lose its statehood when it loses elements of the criteria for statehood such as population, defined territory, government, sovereignty, etc. For instance, a state loses its statehood after merger or dismemberment. This chapter also discusses the role of recognition and the role of UN's practice of accepting new members in confirming statehood.