Questions: #4: What kind of government is necessary?

Based on a cursory reading of the Montevideo Convention on the Rights and Duties of States, the kind of government contemplated in this treaty is one that has political existence, with powers enough to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit, to legislate upon its interests, administer its services, and to define the jurisdiction and competence of its courts.1 It must operate an effective government over the extent of its territory.2 There is no need for recognition by other states.3 The government is the executive branch of the state and has the role to administer the state uniformly in the following aspects: political, economic, social, cultural, use of natural resources, environmental protection, national defense and security, and foreign affairs.4 #5: What is sovereignty as contemplated in the Montevideo Convention? Sovereignty is the quality of having supreme, independent authority over a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided. The definition of the Sovereignty is quite similar to the Independence and they mostly used along together.5 Under the Montevideo Convention, Article 8 states: No state has the right to intervene in the internal or external affairs of another.6 This is the kind of sovereignty contemplated under the Convention #6: When is there a State in statu nascendii? IN STATU NASCENDI means in its original form or in birth status or being just born. Under international law, this term generally is used to refer to a nascent state or a political entity seeking recognition of statehood.7 A State in statu nascendi is one that is in the process of becoming but which hitherto has not received either

Article 3, Montevideo Convention on the Rights and Duties of States http://www.cfr.org/sovereignty/montevideoconvention-rights-duties-states/p15897 2 p. 414, Defining Statehood: The Montevideo Convention and its Discontents by THOMAS D. GRANT http://www.ilsa.org/jessup/jessup13/Defining%20Statehood,%20The%20Montevideo%20Convention%20and%20its%20D iscontents.pdf 3 Article 3, Montevideo Convention on the Rights and Duties of States http://www.cfr.org/sovereignty/montevideoconvention-rights-duties-states/p15897 4 http://theorybox.net/2010/03/4-elements-of-state/ 5 http://theorybox.net/2010/03/4-elements-of-state/ 6 Article 8, Montevideo Convention on the Rights and Duties of States http://www.cfr.org/sovereignty/montevideoconvention-rights-duties-states/p15897 7 http://www.insidejustice.com/resources/glossary.php
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the attention or the formal international legal support generally reserved for the traditional subjects of international law8

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