Part I The Concept of Statehood in International Law, Ch.3 International Law Conditions for the Creation of States
James R Crawford
It has been seen that the classical criteria for statehood (the so-called ‘Montevideo criteria’) were essentially based on the principle of effectiveness. The proposition that statehood is a question of fact derives strong support from the equation of effectiveness with statehood. Even if effectiveness was conceded to be a legal requirement—and not simply a self-evident fact—it was generally denied that there exist (or even that there could exist) criteria for statehood not based on effectiveness. For example according to Charpentier ‘les tentatives de...