Personality and Statehood in International Law, The Subjects of International Law, Recognition of State and Government in International Law The international personality of an entity means that it has rights but as well duties which are exclusive to the personalities or it can bring international claims in order to claim those rights. In the globalized world nowadays, states are not considered the only actors which have legal personality. Nowadays many other actors possess such. However, the right to be bound with international personality starts from the state. As a result we can distinguish between two groups:
Full International Legal Personality e.g. States
Limited International Legal Personality
State
The state is considered the central actor of international law. This is because only states can be party before the International Court of Justice (ICJ), and only state can decide to rise an issue on the behalf of a national against another state. However, the national has no right to oppose such intervention in the case. So once your country decides to get involved in the case, you have no say.
The definition of a State can be found in the Montevideo Convention. In summary state is defined as:
Having a territory - what matters is that the state has influence on it, it can be disputed (borders can be UNDEFINED);
Permanent population - there is no minimum population required;
Formal goverment - even if there is no effective government, the state is still a state e.g. Somalia
Capacity to engage in international relations - it depends not only on state itself, but on whether other states recognize its capacity to engage in international relations e.g. Kosovo.
Recognition of State
A) Problems - To which entities does the law of self-determination can be applied? In context of the colonial States, the right of self-determination rule was major. However, the Court upholds the principle of territorial integrity of the States. - The recognition of a State is one act, so it cannot be changed
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