Jackson on Spoutible

Following the Montevideo Convention, there are several requirements to be considered a State (country).

1. Defined Territory
2. Defined Population
3. Functioning Government (defined by case law)
4. Ability to enter negotiations with other States.

(short thread)

05:12 PM - Apr 10, 2023

Jackson

@Nerendis

In response to Jackson.

Splinter regions like the Donbas would likely fail on at least the 4th requirement. It seems more likely than not that the Donbas cannot negotiate with other States, without the intervening party of Russia.

The region (and other breakaways) are likely tributary States to Russia's suzerainty. 2/5

05:14 PM - Apr 10, 2023 (Edited)

Jackson

@Nerendis

In response to Jackson.

Interestingly enough these regions may succeed on the first two requirements. Having a defined territory and population can actually be contested to some degree.

Even if Ukraine (and the rest of the world) disagrees about the population/territory of the Donbas, doesn't mean it is not defined. 3/5

05:15 PM - Apr 10, 2023 (Edited)

Jackson

@Nerendis

As for requirement 3 (stable government), the Aaland Case from Finland is illuminating:

"...until a stable political organization had been created, and until public authorities had become strong enough to assert themselves throughout the territories..." 4/5

In response to Jackson.

05:19 PM - Apr 10, 2023 (Edited)

Jackson

@Nerendis

In response to Jackson.

Regarding Donbas and the other regions, they clearly fail requirement 3 as they have little to no authority politically or administratively (i.e. Police), without massive backing from Russia. Particularly Russian boots on the ground.

I hope you learned a little about what makes a State. 5/5

05:20 PM - Apr 10, 2023 (Edited)

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