Sovereign state

ස්වෛරීය රාජ්‍යයක් යනු ස්ථිර ජනතාවක්, නිශ්චිත ‍වක් සහිත සහ වෙනත් ස්වෛරීය රාජ්‍යය සමග ජාත්‍යන්තර සබඳතා පවත්වාගතහැකි ආණ්ඩුවක් සහිත රජයකි. It is also normally understood to be a state which is not dependent on, or subject to any other power or state. While in abstract terms a sovereign state can exist without being recognised by other sovereign states, unrecognised states will often find it hard to exercise full treaty-making powers and engage in diplomatic relations with other sovereign states.

ඉතිහාසය

වත්මන් තත්‍වය

වර්ථමානයේ ලොවේ ස්වෛරීය රාජ්‍යය 200කට වඩා ඇති අතර ඉන් අති බහුතරය එක්සත් ජාතීන්ගේ සාමාජිකත්වය දරයි.. These states form what international relations theorists call a system, where each state takes into account the behavior of other states when making their own calculations. From this point of view, states embedded in an international system face internal and external security and legitimation dilemmas. Recently the notion of an has been developed to refer to a group of states who have established rules, procedures, and institutions for the conduct of their relations. In this way the foundation has been laid for international law, diplomacy, formal regimes, and organizations.

අර්ථ දැක්වීම් සහ ආසන්න වදන්

ස්වෛරීය යන වදන නිතර අපභාවිතයට ලක්වේ. Lassa Oppenheim said "There exists perhaps no conception the meaning of which is more controversial than that of sovereignty. It is an indisputable fact that this conception, from the moment when it was introduced into political science until the present day, has never had a meaning which was universally agreed upon." In the opinion of Justice Evatt of the High Court of Australia "sovereignty is neither a question of fact, nor a question of law, but a question that does not arise at all."

ස්වෛරීය රාජ්‍යය හැඳින්වීමට සමහරවි‍ට "රට", "ජාතිකත්වය සහ රජය වැනි වදන් යොදාගන්නා නමුදු සැබැවින්ම මේ වදන් සියල්ලටම නිශ්චිත වෙනස් අර්ථ ඇත.

• ජාතිකභාවය වදන නිතර නොයෙදෙන නමුත් එහි නාම විශේෂනය වන ජාතික යන්න සුලබව යෙදේ. එය සාමාන්‍යයෙන් යෙදෙන්නේ ස්වෛරීය රාජ්‍යයකට අදාල කරුණු වලදීය.

නිදසුන් - ජාතික කොඩිය, ජාතික ගීය

• ජාතිය සමාන චාරිත්‍ර මෙන්ම එකම මූලාරම්භයක් සහ ඉතිහාසයක් ඇතැයි විශ්වස කරන ජනතාව ජාතියක් ලෙස හැඳින්වේ.

• රජය refers to the set of governing and supportive institutions that have over a definite territory and .

ස්වෛරීය රාජ්‍යයක් ලෙස පිලිගැනීම

මූලික ලිපිය:

State recognition signifies the decision of a sovereign state to treat another entity as also being a sovereign state. Recognition can be either express or implied and is usually retroactive in its effects. It doesn't necessarily signify a desire to establish or maintain diplomatic relations.

There is no definition that is binding on all the members of the community of nations on the criteria for statehood. In actual practice, the criteria are mainly political, not legal. L.C. Green cited the recognition of the unborn Polish and Czech states in World War I and explained that "recognition of statehood is a matter of discretion, it is open to any existing state to accept as a state any entity it wishes, regardless of the existence of territory or an established government."

In international law, however, there are several theories of when a state should be recognized as sovereign.

Constitutive theory

The constitutive theory of statehood defines a state as a person of international law if, and only if, it is recognized as sovereign by other states. This theory of recognition, was developed in the 19th century. Under it, a state was sovereign if another sovereign state recognized it as such. Because of this, new states could not immediately become part of the international community or be bound by international law, and recognized nations did not have to respect international law in their dealings with them. In 1815 at the the only recognised 39 sovereign states in the European diplomatic system, and as a result it was firmly established that in future new states would have to be recognized by other states, and that meant in practice recognition by one or more of the .

One of the major criticisms of this law is the confusion caused when some states recognize a new entity, but other states do not. , one of the theory's main proponents, suggested that it is a state's duty to grant recognition as a possible solution. However, a state may use any criteria when judging if they should give recognition and they have no obligation to use such criteria. Many states may only recognize another state if it is to their advantage.

In 1912, had the following to say on constitutive theory:

...International Law does not say that a State is not in existence as long as it is not recognised, but it takes no notice of it before its recognition. Through recognition only and exclusively a State becomes an International Person and a subject of International Law.

Declarative theory

By contrast, the "declarative" theory defines a state as a if it meets the following criteria: 1) a defined territory; 2) a permanent population; 3) a government and 4) a capacity to enter into relations with other states. According to declarative theory, an entity's statehood is independent of its recognition by other states. The declarative model was most famously expressed in the 1933 .

Article 3 of the Convention declares that statehood is independent of recognition by other states. In contrast, recognition is considered a requirement for statehood by the constitutive theory of statehood.

A similar opinion about "the conditions on which an entity constitutes a state" is expressed by the Opinions of the Badinter Arbitration Committee. The found that a state was defined by having a territory, a population, and a political authority.

State practice

State practice relating the recognition states typically falls somewhere between the declaratory and constitutive approaches. International law does not require a state to recognise other states.

Recognition is often withheld when a new state is seen as illegitimate or has come about in breach of international law. Almost universal non-recognition by the of and the are good examples of this. In the former case, recognition was widely withheld when the White minority seized power and attempted to form a state along the lines of . A move which the described as the creation of an "illegal racist minority régime". In the latter case recognition was wildly withheld from a state created in Northern Cyprus on land which was illegally invaded by Turkey in 1974.

De facto and de jure states

Most sovereign states are states and (i.e. they exist both in law and in reality). However, sometimes states exist only as de jure states in that an organisation is recognised as having sovereignty over and being the legitimate government of a territory over which they have no actual control. Many continental European states maintained during the which continued to enjoy diplomatic relations with the , notwithstanding that their countries were under Nazi occupation. A present day example is the , which is a , has bi-lateral diplomatic relations with 104 states, while having no territory and possessing only areas (i.e. and ). Other states may have sovereignty over a territory but lack international recognition, these are states only. is commonly considered to be such a state. For a list of entities that wish to be universally recognized as sovereign states, but do not have complete worldwide , see the .

The sovereign state in modern political thought

The rise of the modern state system was closely related to changes in political thought, especially concerning the changing understanding of legitimate state power. Early modern defenders of absolutism such as and undermined the doctrine of the by arguing that the power of kings should be justified by reference to the people. Hobbes in particular went further and argued that political power should be justified with reference to the individual, not just to the people understood collectively. Both Hobbes and Bodin thought they were defending the power of kings, not advocating democracy, but their arguments about the nature of sovereignty were fiercely resisted by more traditional defenders of the power of kings, like in England, who thought that such defenses ultimately opened the way to more democratic claims.^[]

Some contemporary thinkers, such as , have argued that political theory needs to get away from the notion of the state: "We need to cut off the king's head. In political theory that has still to be done." By this he meant that power in the modern world is much more decentralized and uses different instruments than power in the early modern era, so that the notion of a sovereign, centralized state is increasingly out of date.

ආශ්‍රිත ලිපි

රජය	List of sovereign states () ජාත්‍යන්තර සබඳතා රට

වැඩිදුර කියවීම්

• Chen, Ti-chiang. The International Law of Recognition, with Special Reference to Practice in Great Britain and the United States. London, 1951.
• Crawford, James. The Creation of States in International Law. Oxford University Press, 2005. , pp. 15–24.
• . Recognition in International Law. Cambridge, U.K., 1947.
• Raič, D. Statehood and the Law of Self-determination. Martinus Nijhoff Publishers, 2002. . p 29 (with reference to Oppenheim in International Law Vol. 1 1905 p110)

External links

• Opinions of the Badinter Arbitration Committee at the European Journal of International Law
• A Brief Primer on International Law 2016-11-10 at the Wayback Machine With cases and commentary. Nathaniel Burney, 2007.
• Official United Nations website
• Official UN website on International Law
• Official website of the International Court of Justice

References

1. Shaw, Malcolm Natෟhan (2003). International law. Cambridge University Press. p. 178. Article 1 of the on Rights and Duties of States, 1933 lays down the most widely accepted formulation of the criteria of statehood in international law. It note that the state as an international person should possess the following qualifications: '(a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with other states'
   Jasentuliyana, Nandasiri, ed. (1995). Perspectives on international law. Kluwer Law International. p. 20. So far as States are concerned, the traditional definitions provided for in the Montevideo Convention remain generally accepted.
2. Wheaton, Henry (1836). Elements of international law: with a sketch of the history of the science. Carey, Lea & Blanchard. p. 51. A sovereign state is generally defined to be any nation or people, whatever may be the form of its internal constitution, which governs itself independently of foreign powers.
   "sovereign", The American Heritage Dictionary of the English Language (Houghton Mifflin Company), 2004, http://dictionary.reference.com/browse/sovereign, ප්‍රතිෂ්ඨාපනය 21 February 2010, "adj. 1. Self-governing; independent: a sovereign state." 
   "sovereign", The (Oxford: Oxford University Press),
   ISBN 
   , "adjective ... [ attrib. ] (of a nation or state) fully independent and determining its own affairs: a sovereign, democratic republic." 
3. See "Sovereignty: organized hypocrisy, Stephen D. Krasner, Princeton University Press, 1999,
4. 1 Lassa Oppenheim, International Law 66 (Sir Arnold D. McNair ed., 4th ed. 1928)
5. See Sovereignty in cases of Mandated Territories, in "International law and the protection of Namibia's territorial integrity", By S. Akweenda, Martinus Nijhoff Publishers, 1997, , page 40
6. "Recognition", Encyclopedia of American Foreign Policy.
7. See B. Broms, "IV Recognition of States", pp 47-48 in International law: achievements and prospects, UNESCO Series, Mohammed Bedjaoui(ed), Martinus Nijhoff Publishers, 1991, [1]
8. See Israel Yearbook on Human Rights, 1989, , Mala Tabory eds., Martinus Nijhoff Publishers, 1990, , page 135-136 [2]
9. Thomas D. Grant, The recognition of states: law and practice in debate and evolution (Westport, Connecticut: Praeger, 1999), chapter 1.
10. Hillier, Tim (1998). Sourcebook on Public International Law. Routledge. pp. 201–2. ISBN .
11. Kalevi Jaakko Holsti Taming the Sovereigns p. 128
12. Lassa Oppenheim, Ronald Roxburgh (2005). International Law: A Treatise. The Lawbook Exchange, Ltd. p. 135. ISBN . {{}}: Check |isbn= value: invalid character ()
13. Shaw, Malcolm Nathan (2003). International law. Cambridge University Press. p. 369.
14. Opinion No. 10. of the Yugoslav Arbitration Commission.
15. s:United Nations Security Council Resolution 216
16. s:United Nations Security Council Resolution 541
17. Bilateral relations with countries, Retrieved 2009-12-22 2008-06-26 at the Wayback Machine
18. Arieff, Alexis (November 2008). "De facto Statehood? The Strange Case of Somaliland". Yale Journal of International Affairs. සම්ප්‍රවේශය 2010-01-04. ^[]
19. "The List: Six Reasons You May Need A New Atlas Soon". Foreign Policy Magazine. July 2007. සම්ප්‍රවේශය 2010-01-04.
20. "Overview of De-facto States". . July 2008. සම්ප්‍රවේශය 2010-01-04.
21. Wiren, Robert (April 2008). "France recognizes de facto Somaliland". Les Nouvelles d'Addis Magazine. සම්ප්‍රවේශය 2010-01-04.
22. Foucault, Michel. 2000 [1976]. Truth and Power. In Power, edited by J. D. Fearon. New York: The New Press, p. 123. ISBN 1-56584-709-1