Philippine Bar review · Question

Practice question: Elements

Essay Medium Jurisprudence

Practice question

An analyst proposes three additional indispensable elements of statehood: a single ethnic ancestry, a national airline and recognition by every existing state. Evaluate these proposed additions against Articles 1 and 3 of the Montevideo Convention and the statehood criteria cited in Province of North Cotabato. Assume no other issue about unlawful territorial acquisition is presented.

Legal references

  • Montevideo Convention, Articles 1 and 3: https://avalon.law.yale.edu/20th_century/intam03.asp
  • Province of North Cotabato v. GRP Peace Panel, G.R. No. 183591 et al., October 14, 2008, main decision, statehood criteria: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/47263

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