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Adumbo And Bankura Essay

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Self-determination has become an increasingly important norm featured in contemporary international law especially in topics i.e. territorial integrity, human rights and statehood. It comes as no surprise then when the international community is faced yet again with this norm currently between Adumbo and Bankura. What role does this ‘right’ as established in the GA Resolution 2625 of 1970 play in the creation of new states, particularly in the secession of Fukutan from Bankura?
What role does Public International Law play in the situation between Adumbo and Bankura? In light of the Montevideo Convention has Fukutan met the criteria for statehood? Is Fukutan recognised or can it be recognized, by whom and why should it be recognised? Why …show more content…

There is no minimum population required and it is no necessary for all the people to be nationals of the state ; it just has to be permanent. In terms of the a defined area, it has to be a single area in which a stable community or in this case a tribal group is situated where its government has control even if that area does not have clearly defined boarders. This view was supported in North Sea Continental Shelf cases when it stated that there is “no rule that the land frontiers of a state must be fully delimited and defined”. The Government must exercise effective, independent control over its territory according to the case of S v Banda, but it is not a condition precedent for recognition as an independent State The fourth requirement requires**the entity to be independent of another state and its authority particularly when it comes to its foreign affairs i.e. the formal capacity to enter into treaties and diplomatic relations. The entity would not be declared independent where it had ‘an infrastructure to implement relations with other states should it be given the opportunity to do so but is precluded from doing so due to political considerations’ as held in S v Banda

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