Law essay Example | Topics and Well Written Essays - 4500 words

Law - Essay Exampleistinguish the state from other levelheaded and non-legal entities it shall explore the differences between recognizing a state and recognizing the government of a state it shall also discuss the practical effects of the fact that only some states secern Kosovos statehood it shall explore the two theoretical underpinnings of the statehood theory-the declaratory and constitutive theories and discuss the alternatives to a state-based model in public international law and how these manifest in practice.There are various reasons why the United Kingdom recognizes Kosovo as a state, but does not recognize Kurdistan, the Palestinian Authority Area, or the Antarctica as states. These reasons are very much founded on the basic tenets of public international law and on how the latter defines a state. State is specify as an isolated, static phenomenon on the basis of its constituent elements 1. The elements of a state are set under different conventions and treaties that n ow comprise the bulk of our international laws. The principal(prenominal) and primary convention in defining the elements of a state is the Montevideo Convention on the Rights and Duties of States which entered into force on December 1934. This convention laid nap the elements of a state, which are (a) a permanent population (b) a defined rule (c) government and (d) capacity to enter into relations with the other states 2.Two of the elements (territory and population) of a state comprise its physical characteristics. In order for an entity to be considered a state, it should have control over the territory it claims as its own. A defined territory implies boundaries which are laid in accordance with international laws. It includes the air space above the landand the earth beneath it, in theory, reaching to the globe3. This defined territory also includes up to twelve miles of territorial sea which is adjacent to the coast. Maritime jurisdiction, which is part of