Jarolín, Matúš: State Territory as a Fundamental Element of Statehood

Key words:

Montevideo Convention, Statehood, Climate Change, State Territory, State Continuity, Maldives, Artificial Island, Cession, Dissolution


This study analyses the concept of statehood, since this concept can be regarded as cornerstone of international public law system as such. Present knowledge of law is evaluated and applied to the study of Maldives situation endangered by complete loss of territory caused by ever rising threat of climate changes. In its first part, study examines the concept of creation of states, concentrating on analysis of criteria imposed by Montevideo Convention, highlighting a deep interconnection of elements need for constitution of statehood. In the second part, issue of dissolution of states is analyzed, providing information about current state of knowledge in this regard and examination of relevant models. This analysis is further applied in Maldives situation also trying to provide sufficient solutions as creation of artificial island and relocation to another territory.