Take a look at it guys…
Recent developments like the referendum in an island called BOUGAINVILLE for independence from Papua New Guinea and the declaration of the new nation named KAILASA by creating separate land, flag, identity passport raises a question of how nations or states are formed? Does having a separate land entitles one this status? Let us look into this matter deeply.
UN CHARTER 1955 :
Article 1 of the UN CHARTER provides the RIGHT TO SELF DETERMINATION to all people. It means they can freely express their political status and pursue economic, social and cultural development.
But does this mean anyone can declare independence or form a nation? The answer to this is NO…
Even though the UN provides the right to self-determination, it only recognizes a nation when the conditions in the Montevideo convention 1933 are met.
The Montevideo Convention on Statehood of 1933 sets out several requirements for Statehood.
The criteria of the convention are:
(1) A permanent population,
(2) A defined territory,
(3) Government and
(4) The capacity to enter into relations with other States.
For example, some territories like Taiwan even after declaring their independence to the whole world, failed to establish diplomatic relations with other countries, that is it failed criteria number 4 and so, still UN and other countries including India recognize a Chinese republic with Taiwan as a part of China.
Hence, a wide international recognition is the most important element to attain nationhood, and become a de jury from defacto.
De facto: something that exists, but not legally recognized.
Dejure: legally recognized.