Statehood Essay Example | Topics and Well Written Essays - 1000 words

Statehood - Essay Example According to the paper the criterion listed above that the states must have the capacity to enter into relations with other States, appears to imply that the State must be recognized by other States before it can exist as a political entity. But this is belied in Article 3 of the Montevideo Convention, which clearly states that â€Å"the political existence of the State is independent of recognition by the other States. According to Crawford, statehood and recognition must be separated as two distinct categories, for example, Israel was not recognized by many of its neighboring Arab States, but it has existed as a State nevertheless. According to Cassese, it is effectiveness that is at the core of all legal relations and the Community of States has not thus far defined binding legitimate criteria for new States; on this basis recognition is not the relevant criterion which will determine statehood. However, with the end of the Second World War and the development of the UN Charter,8 international law has been redefined. According to Article 4.1 of the UN Charter, membership in the United Nations is open to â€Å"all other peace loving states† thereby implying that only a State will be recognized by the collective world body, i.e, the United Nations. Moreover, this article specifies certain conditions for membership; they must be (a) peace loving (b) accept the obligations of the present Charter and (c) must be willing to carry out these obligations.