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