An examination of the characteristics of micro-nations : the doctrine of recognition under International Law

Abstract

This paper deals with the adaptation of the Montevideo Criteria to micro-nations and the difficulties they face to acquire statehood. In addition, the principle of self-determination can be considered as another criterion since it is a legal right people can exercise to choose their political system and nation, including its various economic, social and cultural aspects. Their small size puts into question whether they satisfy the Montevideo Criteria. Nonetheless, there are several micro-nations in Europe that acquired recognition from their larger, neighbouring states and subsequently obtained their statehood on the international field. Thus, this paper compares the legal criteria to the principle of recognition which is heavily influenced by international politics and discusses whether recognition is constitutive or declaratory in nature. These principles are applied to various successful micro-nations including San Marino, which is the oldest republic, Liechtenstein amongst the most economically successful and the Vatican City, which is the most controversial. Although these micro-nations struggle to satisfy the criteria of people and territory, they are still economically advanced which allows them to prove their independence and relevance. In addition, they also participate in the international forum as they are members of the UN, except for the Holy See which has an observer status. Due to this membership, their recognition is affirmed, and their sovereignty will be safeguarded on the international forum. Finally, it could be observed that recognition has a substantial role when it comes to the determination of statehood, as can be seen in the current situation of Kosovo.