I.

Statement of the Problem

The Principality of Sealand carries a controversy in the international arena
regarding the legality of its statehood. In lieu of the concept of statehood and its
essential elements, does the Principality of Sealand a state?

II. Facts
In the Second World War, the British government built fortresses against the
German invaders, and this includes the fort Toughs Tower (now Sealand). It is located
7 nautical miles from the coast of United Kingdom, thus situated in the international
water, since before the applicable mile range of territorial waters was still 3 nautical
miles. In compliance with international law, fortresses should have been removed;
however, the said fort was not. Eventually, it was abandoned while situated at the high
seas, thus resulting to res derelict and terra nullus. (http://www.sealandgov.org/about)
In 1976, Paddy Roy Bates, a retired British Army occupied the abandoned
tower and declared the independence of the Principality of Sealand in Sept. 2, 1976.
Bates calls himself Prince and his wife Princess and they issued coins, passports, and
stamps for their new country and created a constitution. Sealand has a de facto
international recognition as an independent country ( Principality of Sealand by Matt
Rosenberg http://geography.about.com/od/politicalgeography/a/sealand.htm ). Due
to old age, Roy moved to the mainland, making his son, Michael, regent and head of
state of Sealand, and their family is survived by Joan, Michael and his daughter Penny
(Self declared prince of sovereign principality dies age 91
http://www.theguardian.com/uk/2012/oct/10/prince-sealand-dies ).

III. Discussion
According to Article 1 of the Montevideo Convention, a state should possess
the following qualifications: a permanent population, a definite territory, an effective
government and sovereignty (Montivideo Convention on the rights and duties of the
state) which refers to the power of the state to control its domestic affairs and to
direct its relations with other states (independence).
A permanent population refers to the inhabitants of the state. There is no
definite requirement as to the number of inhabitants as long as it as it is enough for
the workings of the government to be sustained, and able to defend themselves. In
the case of Sealand, the only people that occupy Sealand are Joan, Micheal and his
daughter Penny. However, they maintain a dual citizenship with that of the United
Kingdom. Basically, three people are not enough to maintain the workings of the
government. Moreover, it is not even enough for the maintenance of its security
against foreign threat or invaders.
Thus, in relation to another essential state element is the presence of an
effective government able to provide public services to the people and police power.
Indeed, Sealand can provide services to its three citizens; however, a state must also
contain the police power in asserting its authority over its territory. The United
Kingdom can attack and assert authority and jurisdiction over the said area, and
Sealand cannot assure the strength of its defenses.
Thirdly, is that a state must have a definite territory. Although there is no
definite requirement of the size of the territory, it must be enough to provide for the
sustainability of its inhabitants. As to the availability of resources, the people has to
gather foods and essentials from the mainland of the United Kingdom, thus, it is not
self-sufficient at all. Sealand land has no definite boundaries because its only a
fortress, which is not provided for in the Montivideo Convention regarding the
components of a territory, which only includes territorial domain, maritime and fluvial
domain and aerial domain. Also, the location of the Sealand is encompassed by the 12
nautical miles territorial seas of the United Kingdom based on the Archipelagic
Doctrine on the UNCLOS to which United Kingdom is a signatory.
As to the the Principality of Sealand, it may look like it has sovereignty over
its territory sovereignty, but the United Kingdom has power over its territory, thus
based on the view of internal sovereignty, Sealand failed to have it. Externally, as far as
recognition is concerned, there is no country that recognizes the legality of the
Principality of Sealand. To quote an official from the United States Department of
State "There are no independent principalities in the North Sea. As far as we are
concerned, they are just Crown dependencies of Britain."
IV. Conclusion
The Principality of Sealand, as discussed, failed to achieve the essential
elements of statehood namely, a permanent population, a definite territory, an
effective government and sovereignty. It is affirmative to say that Sealand is,
therefore, not a country.
V. Bibliography