Introduction

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In international law, the Montevideo Convention on the Right and Duties of States sets down the criteria for statehood in article 1: The state as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states.

The first sentence of article 3 of the Montevideo Convention explicitly states that "The political existence of the state is independent of recognition by the other states.."

Under these guidelines, any entity which meets all of the criteria set forth in article 1 can be regarded as sovereign under international law, whether or not other states have recognized it. Most micronations are commonly seen to have failed to meet one or more of these criteria. There is dispute about certain micronations' claims to having met some or all of these criteria.

The states that signed this convention are: Honduras, United States of America, El Salvador, Dominican Republic, Haiti, Argentina, Venezuela, Uruguay, Paraguay, Mexico, Panama, Guatemala, Brazil, Ecuador, Nicaragua, Colombia, Chile, Peru, Cuba. However, as a restatement of customary international law, the Montevideo Convention merely codified existing legal norms and its principles therefore do not apply merely to the signatories, but to all subjects of international law as a whole.

The European Union, in the principal statement of its Badinter Committee, follows the Montevideo Convention in its definition of a state: by having a territory, a population, and a political authority. The committee also found that the existence of states was a question of fact, while the recognition by other states was purely declaratory and not a determinative factor of statehood.

Switzerland, although not a member of the European Union, adheres to the same principle, stating that "neither a political unit needs to be recognized to become a state, nor does a state have the obligation to recognize another one. At the same time, neither recognition is enough to create a state, nor does its absence abolish it."