Practice question
Assume an entity already has a permanent population, defined territory, an effective independent government and capacity to enter relations with other states. It has diplomatic relations with several states but has not been admitted to the United Nations. A commentator says that the absence of United Nations membership necessarily means it lacks an element of statehood. Which is the best response under the stated criteria?
- The commentator is correct because United Nations membership is the population element.
- The commentator is correct because membership supplies all territorial rights.
- The commentator is correct because government is irrelevant until membership.
- The commentator is incorrect: membership is not an additional element in the stated four-part test.
- The commentator is incorrect because any association can become a state merely by applying for membership.
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, criteria: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/47263
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