Foundations of Public International Law: Examine critically the requirements for the creation of a state in modern international law.

Essay from the year 2000 in the subject Law - European and International Law, Intellectual Properties, grade: 2 (B), University of Newcastle upon Tyne (Law School), course: Foundations of Public International Law, 13 entries in the bibliography, language: English, abstract: “The orthodox positivist doctrine has been explicit in the affirmation ...

Essay from the year 2000 in the subject Law - European and International Law, Intellectual Properties, grade: 2 (B), University of Newcastle upon Tyne (Law School), course: Foundations of Public International Law, language: English, abstract: “The orthodox positivist doctrine has been explicit in the affirmation that only States are subjectsof international law.”1 However, since international law is primarily concealed with the rights andduties of states, it is necessary to have a clear idea of what a state is. Problems of definition ofstatehood and of its application thus occupy an important place in the structure of internationallaw. The disputes on this topic tend to be focused on factual issues rather than on the relevantlegal criteria. The question of the criteria is a mixed fact and law question though. To create astate entities must fulfil certain criteria of statehood. There are different opinions on the essentialcriteria, which will be examined critically hereafter. 1 Lauterpacht, International Law, p. 489.