How to create your own state? Apparat – Magazine about the new society

Are you tired of crazy politicians, government interference or social permissiveness? You can found your own microstate. It's not easy, but it is possible.

Here are the step-by-step instructions:

1. Come up with a country name.

2. Create your symbols. Every country needs a flag and yours, of course, will be no exception.

3. Money. What will your currency look like? Will gold coins and 3D holograms on paper banknotes feature your profile, or will you use symbolic icons?

4. State emblem. You can come up with a national motto and translate it into Latin. There are many free online translators. For all letters you will write to the UN or other heads of state, you will need high-quality letterhead paper embossed with your seal.

5.Don't forget about the national anthem, which will be played at important events.

6.Select the official language. Every state needs an official language.
You can choose an existing language (for example, Russian, English or French) or you can use an ancient language (for example, ancient Egyptian hieroglyphs) or invent your own language.
This is a very real task: this is how Esperanto and the Elvish language appeared. Do not forget that the citizens of your state will need to be taught this language.

Combine several languages in one. This is how English came about.

7. Find a territory for your microstate. This is the hardest part. All existing lands have already been appropriated by existing states. However, there are several options:

Plan A: Conquer an existing country. There are many small island states in the Pacific that are unlikely to have a combat-ready army. All you need is an army, a navy, and the support of the world community to protect these small nations from invaders.

Plan B: Buy the existing property. If you are rich enough, you can buy the island, although it is unlikely that the titular nation will so easily cede its sovereignty to you. It may be easier to sway a corrupt or very poor country, although it will not be easy: several libertarians tried to buy Tortuga from poor Haiti, but to no avail.

Plan C: Build an island. International waters do not belong to any nation, this spurs interest in them.

Plan D: Remember that there is also the Moon and asteroids.

Successful examples:

Principality of Sealand. It's a structure no bigger than a football field in the North Sea off the coast of England. During World War II, it was built as a military base, housing troops and weapons to defeat the Nazi invaders. After the war, Sealand was abandoned until 1966, when an underground DJ named Roy Bates, tired of fighting the British government, moved there to continue the business. He declared that the floating fortress was now the independent Principality of Sealand. He raised the flag, proclaimed himself the prince, and his wife princess Joan. Sealand survived all the trials and remains an independent state to this day.

Seasteading Institute. It was founded by Milton Friedman's grandson and PayPal creator Peter Thiel. It is a freedom-seeking utopian organization that believes that a free market independent of governments is a good start to democracy. They hope that experimental, innovative governments can generate new governance ideas that will change the world. Their goal is to create platforms located at sea with free building codes, minimum wages, and no restrictions on firearms. While the politics of the Seasteading Institute may or may not be to your taste, it's fair to say that the ocean is truly the new frontier.

Republic of Minerva. Michael Oliver, a millionaire activist, dumped sand on a reef located in the Pacific Ocean south of Fiji to create an artificial island. Thus the Republic of Minerva was born.

In addition to the traditional territories owned by states, there are many untouched, unexplored and uncontrolled territories that are virtually limitless - because they exist only virtually. Call it a cloud, call it a network, or borrow the name cyberspace from William Gibson. People are spending more and more time connected emotionally and interactively with their friends and colleagues via the Internet. Virtual worlds such as Second Life and Blue Mars create 3-dimensional environments, have their own currencies and their own constitutions. They encourage groups of like-minded people around the world to work together for the common good - as is customary in a particular group. Like the ocean, virtual nations will have growing influence and over the next 100 years, this may lead to the emergence of real, separate national identities.

According to Plan D, the world's first space state, Asgardia, was created

The project was initiated by Russian scientist and businessman Igor Ashurbeyli, who is the founder of the Aerospace International Research Center. The project is supported by a number of international space experts. Physically, Asgardia is currently represented by one satellite. The number of citizens in June 2017 was approximately 210,000 people. Asgardia intends to apply for membership in the UN in 2018. In 2018, two more Asgardia satellites are planned to be launched, and plans for a four-level orbital constellation are being considered within 4-5 years. According to Asgardia's plans, a full-fledged colony should eventually appear in orbit.

8. Involve your friends. One of the key requirements for a state, in addition to territory, is population. If the land you conquer or create does not have an indigenous population, you will have to assemble a company yourself. Recruit your friends and family to join you in this venture and you will have a small but loyal population.

You must decide what demands will be made on your citizens. Will I be required to take a citizenship test or comply with certain laws? What form will be used to identify them: passport, driver's license, subcutaneous RFID tag?

9. Establish a government and constitution.

10.Create an economy.

Will the wealth of your people be built on gold, on securities, or only on your word of honor? You also need to decide how to finance your government and social benefits (such as benefits and pensions). The best way to do this is taxes. Through taxation, your government will be able to provide basic services to the population, such as electricity, running water, a couple of officials and an army. Remember that the primary responsibility of every state is the ability to protect its citizens from enemies.

11. Declare your independence.

Now that you have a territory, a population and a government with a constitution, it is time to make your presence known.

Depending on what you have prepared for the world, one of three things will happen:

Collective yawn. The world might hear about your Declaration of Independence and immediately go back to watching Star Trek reruns.

Armed invasion. If your state goes against the boundaries of existing treaties, human rights, or other legal protocols, you can get anything. It could be just a knock on the door of a policeman who will calmly inform you that “The Independent State of V. Ivanov on the street. Lenina 12" is under the control of the city council, which does not recognize your sovereignty and that you must remove your flag from the roof or be fined.

Invitation to the community of nations, a place in the UN and requests for ambassadors and embassies.

12. Gain recognition from the global community. To eliminate the unfavorable factors that led to the creation of your country, you will need to become a global player. To do this, recognition from other countries is necessary. You will need solid experience in international law, politics and diplomacy.

This is perhaps the most difficult step of all. Some countries, such as Palestine, Taiwan and Northern Cyprus, seem to have done everything necessary, but are still not recognized by many countries. There are no rules here - each country has its own standards by which they decide on recognition.

A little history:

The world's first virtual state, Sedang, was created in the 19th century by a group of missionaries led by the French adventurer Charles de Mairena in territory that currently belongs to Vietnam. In 1888, Mairena, with the help of the medicines he had, was able to prevent another outbreak of the epidemic among the population of the Sedang mountain tribe in Annam. This led to the chiefs of the Rengao, Banar and Sedang tribes choosing him as King of the Kingdom of Sedang under the name Mari I on June 3, 1888.

Soon after the emergence of the new kingdom, Mairen set out on a journey, the purpose of which was to find like-minded people. He visited Great Britain, Belgium, Spain. During his journey, Mari I generously distributed titles, knighted and awarded all his supporters with medals and awards. But the French fleet did not allow the king to return to his kingdom. On November 11, 1890, the first and only king of Sedang died under mysterious circumstances on the Malaysian island of Tioman. The Kingdom of Sedang was annexed by France.

Independent Principality of Sealand.

Bates proclaimed the independent principality of Sealand in early September 1967. The major declared himself Prince Roy I Bates, and his wife Princess Joanna I. From a legal point of view, Bates' actions were impossible to challenge. The platform was built in international waters in the forties and was outside the jurisdiction of Great Britain. In addition, the UN convention on international law, which prohibited the construction of artificial structures on the high seas, came into force only 15 years after the proclamation of the principality - in 1982.

The British authorities came to their senses and decided to destroy three other abandoned platforms left after the Second World War. The Navy command threatened the residents of Sealand that their platform would suffer the same fate.

Seven years after independence, Sealand adopted a constitution. Later, the state with an area of 0.004 square kilometers acquired a flag, coat of arms, motto, anthem, postage stamps and even a national currency - the Sealand dollar. And the citizens of Sealand received passports.

Prince Roy I Bates abdicated his princely throne in 1999. The princely title was inherited by Roy's son, Michael. In 2012, the official website of the principality announced the start of tourist trips to the platform. And on July 1, 2014, the son of Michael and the grandson of Roy I James Bates and his wife gave birth to an heir - son Freddie.

Antarctic states.

On November 2, 2001, the first virtual state in Antarctica was founded - the Grand Duchy of Westarctica. Its founder, Travis McHenry, initially laid claim only to Mary Baird Land

Travis's appetites grew by 2005, when he announced his claims to Peter I Island (Norway considers it his possession) and Balleny Island (considered to be New Zealand's possession). The enterprising Travis was guided by the fact that the Antarctic Agreement prohibits states, but not individuals, from claiming territory in Antarctica. The activities of such an Antarctic virtual state boil down mainly to the production of collectible coins and postage stamps.

Travis's idea was soon picked up by other adventurers, whose royal ambitions kept them up at night. This is how the Republic of Mary, the Kingdom of Fininsmund, the Federated States of Antarctica and other states appeared in Antarctica. The parade of virtual sovereignties on the southern continent went so far that even in 2008 it was necessary to create the Antarctic Union of Microstates.

Another ambitious state of the southern continent is the Federated States of Antarctica (FSA). The virtual state consists of one federal district and seven states. The state also claims part of the waters of the Southern Ocean. The federation is led by President David Powell. He is also the author of the country's constitution. The current president did not rack his brains for a long time over the text of the main law of the FSA. The constitution is almost completely copied from the constitution of the American state of Alaska, where the head of the Antarctic state lives. On the territory of the FSA, David Powell legalized prostitution, allowed the cultivation of hemp and invented a national currency.

Russian Empire: Back to the Future

Entrepreneur, politician, writer, former State Duma deputy Anton Bakov created the virtual state of the Russian Empire in 2011. The federal constitutional monarchy of Anton Bakov positions itself as the sole successor to the state founded by Peter I. The Russian Empire has governing bodies, its own legislation and issues passports to its subjects.

The new Russian land began from Suvorov Atoll in the South Pacific Ocean. Bakov himself admitted that he spent tens of millions of dollars to remove the atoll from the jurisdiction of the Cook Islands. The area of the new Russian Empire is 168 hectares. True, during floods almost all of them are covered with water.

In 2014, Anton Bakov announced that he plans to make the previously acquired plot of land in Montenegro, almost twice the size of the Vatican, the main territory of the virtual state. Also, the restless Russian began to negotiate with the authorities of Montenegro about recognition of his state, explaining that if not for the activities of Emperor Alexander II, then Montenegro would not have gained independence in 1878. Bakov’s plans for the future include joining the UN.

The creation of a virtual state is a new way of escaping reality. Someone is proclaiming a sovereign state in Antarctica, someone is proclaiming a sovereign state in the vastness of the World Wide Web, and someone is pouring artificial islands in the ocean. But they all have one thing in common - the desire to create their own paradise on earth. The main thing is to remember that the sovereignty of a virtual state ends where the sovereignty of a non-virtual state begins.

It turns out that becoming a happy owner, and at the same time the ruler of a state, is not as difficult as it might seem at first glance. To this day, there are microstates, which are small areas of land that were declared independent from the main countries of the world. They are called differently: microstates, cyberstates, fantasy or virtual states, or simply micronations. Moreover, micro are really very small territories. Compared to these states, Monaco or Liechtenstein seem like giants. But in the vast majority of cases, these microcountries exist only in the imagination of their creators - on paper or on the Internet. Since the beginning of the 1990s, more than a thousand such “countries” have been formed, but not all have managed to survive. The most “persistent” ones came to their key goal and achieved recognition by issuing “their” coins, flags, postage stamps, medals and even passports, as well as participating in international forums, releasing books and videos, and holding various sporting events.

The microstate of Sealand is located in the Atlantic, 10 kilometers from the coast of Great Britain. Physically, the territory of the state arose during World War II. In 1942, the British Navy built a series of platforms on the approaches to the coast. Only one of them managed to survive, it was the Rafs Tower (literally: “hooligan tower”). 24 years later, retired British Army Major Paddy Roy Bates found it the best location for his pirate radio station, Britain's Better Music Station. And then, as in a fairy tale. To avoid prosecution by the English authorities, Bates declared the platform a sovereign state and proclaimed himself Prince Roy I. He succeeded, and now every year, on September 2, since 1967, Sealand celebrates the day of his proclamation.

Prince Roy I lived up to his title for a long time and fought for his “piece of land.” In June 1967, the former partner of the newly minted Prince of Sealand, O'Reilly, tried to take control of the island, but was repulsed by Bates' men, who defended the tower with small arms, Molotov cocktails, gasoline bombs and even flamethrowers. The next time, Sealand was defeated and captured, its inhabitants taken captive until foreign nations came to their defense. Within a year, the residents of Sealand had to withstand a new onslaught. In 1968, the British authorities tried to occupy the young state. Patrol boats approached the platform, but the princely family responded by firing warning shots into the air. The matter did not come to bloodshed, but a trial was launched against Prince Roy as a British citizen, as a result of which Bates was acquitted. Next, the virtual state had to suffer from a fire. And in 1978, Sealand went to war with workers hired by a German businessman who intended to dismantle the platform for scrap. At first, the aggressors won, but Prince Roy did not give up until the last and repelled the attack. The captured businessman repented and accepted Sealand citizenship.

The microstate also turned out to be a good source of income. After the radio station closed, Roy delved into the World Wide Web and created a new Internet service. For a fee, anyone can become a Baron or Lord of Sealand. More than 700 people have already become citizens of the micronation, and Roy I managed to transfer his power to Michael I. In addition, up to 150 thousand fake Sealand passports are circulating in the world. In a word - a full-fledged country with its own passports, flag, coat of arms, coups, alternative government in exile, only very small.

The example of Sealand was followed by another microstate - Molossia, which declared itself an independent country in 1977, or rather, its permanent head Kevin Boe (first the king, later the president). It is located on a narrow strip of land partly in the state of Nevada and partly in the state of California. At first, an absolute monarchy reigned in Molossia, but in 1999 the constitution was amended and it became a republic. In theory, Molossia has its own government, the Ministry of Defense, the Ministry of International Relations, the Ministry of Right and Wrong, the Ministry of Rocks, Sands and Dust Storms, and the Ministry of National Cuisine. The micronation's budget consists of the main income from the activities of the souvenir shop, located in the personal residence of the president. The official language of the small country is English, but its entire population of four speaks using the “desert alphabet” created in the mid-19th century by the Mormons. Molossia became famous for its “hard rules”, where bright luminous balls, cats, fish and tobacco were outlawed. Residents of a non-smoking country were the first to take part in the international Olympic Games among microstates.

Christopher Columbus became the discoverer of not only America, but also a small micronation. Redonda was declared an independent state in 1493. Since then, many have encroached on the title of king of this strange, uninhabited piece of rock, 56.2 km long. But, in fact, this small, uninhabited Caribbean island is still home to several feral goats. It so happened historically that the only significant natural resource of Redonda was guano, banal bird droppings, which accumulated here up to 7 thousand tons per year. After World War I, all work was stopped, and the workers safely left the island, which has since become known as uninhabited. In 2007, a Wellington pub in England attempted to declare itself the Redonda Embassy in response to a workplace smoking ban, but was refused. This is where the history of the island ends.

But there are states that are even less fortunate than the mountain goat state of Redonde. The Republic of Rosaland was destroyed by Italian naval forces for non-payment of taxes. The moment of the explosion of the state of Rosailand by the Italian fleet is even depicted on postage stamps. Another unsuccessful example of an attempt to create a micronation was made by the brother of the famous Ernest Hemingway, Leicester, but his settlement, known as New Atlantis, was immediately plundered by Mexican fishermen. The island republic of Minevra was immediately annexed to Tongo.

The quaint Empire Atlantium, located in Sydney, continues to exist to this day. The empire claims part of the territory of Australia - 10 sq.m. one of the suburbs of Sydney, but its political and legal status is still in question. In the meantime, more than one thousand citizens of Atlantium continue to live according to their original calendar, starting from the last ice age (according to it, now the year is 10,527).

The process of creating microstates that control, albeit negligibly small, territories has been going on throughout almost the entire history of mankind. But today it is more difficult than ever to create a new state; the world no longer has free territories. But the founders of states do not lose heart and come up with more and more incredible ways to solve this problem.

turist.rbc.ru/article/10/01/2008/78622

how to create your own state

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The state can be defined as a system of institutions adopted by a nation to regulate its social, economic and political life. Therefore, a horoscope built for the creation of a state shows not only the state of the collective unconscious on the mythological and psychological level, but also the state of affairs on the material plane, such as public scandals, economic affairs, and international relations. There are two main theories of the creation of a state by a nation and the relationship between them. It can generally be accepted that the "bridge" between a nation and a state is a constitution, a set of rules established to determine the proper functioning of the state. The national horoscope, therefore, is usually built on events related to the constitution, and the horoscopes of most modern countries of the world are built on these moments.

The first theory says that a nation consciously decides to write a constitution and thus create a state, and the constitution actually serves as a “bridge” between the nation and the state. In this case, we have a clear theoretical basis for accepting a constitutional event as the source of the national map. This theory may be particularly applicable in the cases of former colonial Third World states that gained formal independence at precisely defined points.

How to create your own country? :

A caveat must be made about such maps, however, since the nations that formed these excolonial states were often already politically organized many centuries before the arrival of the Europeans. Obviously, it is necessary to use the historical data available and check the resulting horoscopes with the help of transits and progressions to find out how well they reflect events in the political and economic life of the state.

The second theory of state creation is advanced in modern philosophy by Hegel and Marx, the two pillars of nineteenth-century political science. According to this theory, the state is a fundamental manifestation of human society and not a conscious creation, and a constitution comes into being after a certain period of time to meet the needs of the state. According to Hegel, the development of the constitution reflects gradual changes in the "national spirit", which can be identified with Jung's "collective unconscious". This theory is perhaps more suited to astrology, as a philosophy influenced by Neoplatonism, in which the manifestation of the material plane is represented as a reflection of subtle changes in the "ideal" plane. The theory may be particularly suitable in cases where there is no single satisfactory national map. The most obvious example in this regard is England, which has a history of independent existence of 1500 years and for which astrologers have proposed about half a dozen alternative horoscopes.

Apparat - Magazine about the new society

The major events of the second half of the 19th century. became the unification of Italy and the unification of Germany. The unification of Italy was preceded by the war of Piedmont in alliance with France against Austria in 1859. After this, the flames of the national liberation struggle engulfed the entire country. The military actions of the troops of G. Garibaldi and the army of Piedmont led to the creation of a unified Italian kingdom in 1861. In 1866, Venice was liberated from Austrian rule, and in 1871, the power of the pope in Rome was overthrown and the city became the capital of Italy.

The unification of Germany was carried out from above “with iron and blood,” as the head of the Prussian government, O. von Bismarck, put it. By the beginning of the 60s. Prussia strengthened so much that it was able to turn into a very serious rival of Austria. In 1864 Denmark was defeated. In 1866, Austria was defeated, after which the North German Union of 22 states was formed, in which Prussia played a leading role. Completed

The unification of Germany took place, although without the German regions of Austria, during the Franco-German War of 1870-1871. France was defeated, and a powerful power emerged in the center of the European continent - the German Empire. The Franco-German War led to profound changes in the political situation of Europe. If earlier between the great powers there was a buffer layer of small weak states that softened the shocks when they came into contact, now the territories of these countries adjoined closely to each other. This circumstance made the international situation more tense. Such tensions did not become a passing phenomenon: they became an integral feature of the new international relations. It is no coincidence that rival blocs soon formed. The alliance of France and Russia was opposed by the Triple Alliance, consisting of Germany, Austria-Hungary and Italy. The growing contradictions between these blocs led to the First World War at the beginning of the next century.

The problem of unity, so pressing in Europe, did not bypass the United States, which developed very dynamically and seemed to have every reason for a cloudless existence in the 19th century. Being a country with very liberal laws that guaranteed personal rights and freedoms to its citizens, the United States did not have internal unity. In socio-economic terms, they were divided into three large regions: the industrial North, the farming West and the slave-owning plantation South. Market relations developed successfully in each region, but the South was constantly in need of new lands, which had to replace old, depleted ones. By the middle of the century, land reserves were exhausted. In addition, the economies of the North and West were based on a free labor market and they could not agree with the existence of slavery.

Irreconcilable contradictions between different types of production led to a bloody civil war of 1861-1865. The economic capabilities of the South were significantly less than those of the enemy, but the southerners fought quite successfully during the first 2 years of hostilities. Then the economic power of the North emerged. The federal government complemented the emerging turnaround with the abolition of slavery and the promise to distribute free lands in the West to ordinary Americans. This

and decided the outcome of the war. The United States has survived as a single state, developing in line with a free market economy. In a short time, the production of the South was reorganized, the industrial revolution was completed, and the United States came out on top in the world in terms of industrial production.

How to build your own state and become President

Thus, European countries have a very dangerous competitor. However, in the sphere of international relations, the Americans could not rise to the level of leading countries for a long time - their political weight was significantly inferior to their economic potential.

Emerging in the second half of the 19th century. The new balance of forces in Europe was accompanied by the completion of the industrial revolution. In England this happened by the beginning of the 60s, in France and the USA - by the beginning of the 70s, in Germany and Austria-Hungary - by the end of the 80s, in the countries of Northern Europe - in the 90s. The changes brought about by the industrial revolution are difficult to overestimate. The equipment and technology of production have changed fundamentally, new industries have emerged: oil, chemical, non-ferrous metals, automotive, machine-tool construction, aviation, and the widespread use of electricity has begun, and oil and gas as energy carriers. The created technical base made it possible to intensify scientific research and ensure the rapid implementation of scientific discoveries. The growth of heavy industry led to the displacement of relatively small enterprises. Centralization and concentration of production led to the emergence of leading enterprises in a number of industries and revealed a tendency towards agreements on production and sales issues between the largest firms.

The Industrial Revolution prompted over 60 million Europeans to leave their villages in the last third of the 19th century. Cities and workers' settlements grew quickly. By the end of the century, the population of 13 cities on the continent had crossed the million mark. In leading countries, workers began to make up more than half of the total population, and in England - 70%. The structure of the main classes of society also changed. The share of industrialists has increased. Among the workers, in terms of their number and influence, textile workers were replaced by metallurgists, miners, machine builders, and railway workers. The number of clerical and technical employees has increased. The service sector grew rapidly.

The capabilities of the developed industry in a short time changed the nature and structure of consumption. A massive

a market aimed at ordinary people who received goods of acceptable quality at an affordable price. The standard of living has improved.

Serious changes have also occurred in the mentality of Europeans. Factories and mills have become firmly entrenched in people's consciousness. The new era was distinguished by a sense of the enormous possibilities of technology and science. Europeans were getting used to the dynamism of everyday life and constant change.

By the end of the 19th century. Almost all of Europe put an end to the old order and confidently walked along the path of liberalization and democratization of public life. Reforms have become a sign of the times in a variety of countries. Politics was dominated by liberal and conservative parties, and a penchant for reformism distinguished both of them. Sometimes it seemed that they were arguing for primacy in this area. Of course, liberals and conservatives had different goals and objectives aimed at streamlining social life, but despite this, they equally contributed to moving forward. As a result, by the beginning of the 20th century. goals that liberals could only dream of during the era of the Congress of Vienna were, in principle, achieved.

Date of publication: 2014-11-02; Read: 137 | Page copyright infringement

Recognition of States

Recognition of a state is directly related to its international legal personality.

Recognition as a legal institution includes mainly customary legal norms; certain aspects of recognition are regulated by international treaties of interested states and resolutions of international organizations. The institution of recognition has not yet been codified, although some steps have been taken in this direction. In 1949, the UN International Law Commission included the issue of recognition of states and governments in the list of topics subject to priority codification, but this problem was not resolved.

In science, certain judgments have been made about the meaning of recognition for a new state, and in international practice, various legal decisions have emerged that reflect one or another doctrine of recognition.

Historically, two theories of recognition have developed - declarative and constitutive.

Declarative theory proceeded from the fact that the state is a subject of international law from the moment of its emergence. Recognition does not endow a state with international legal personality, but only establishes such legal personality.

subjectivity and contributes to the entry of the new state into the system of interstate relations.

Constitutive theory was based on the opposite postulate, according to which the emergence of a state is not equivalent to the emergence of a subject of international law; it becomes such only after receiving recognition from other states. This theory made the international legal personality of a state dependent on its recognition by other states. The unrecognized state was, as it were, outside of international communication due to the impossibility of realizing its basic rights and obligations and establishing stable interstate relations. Recognition thus “constituted” the state as a subject of international law. This theory justified arbitrariness and interference in the internal affairs of newly emerging states.

The Paris Congress of 1856 proceeded from this concept, asserting the dependence of a state’s entry into the international arena from the consent of the leading powers.

7 ways to create your own state and become its ruler

It was in this way that Turkey was “admitted” to cooperation with European countries at this congress. The complex history of the recognition of the RSFSR and then the USSR, which dragged on for many years, is well known. After the formation of the People's Republic of China in 1949, Western states, primarily the United States, refused to recognize it for many years.

The views of domestic international lawyers in the modern period are based on the idea that recognition of a new state is an act of great political importance. It enables the new state to effectively realize its international legal personality. And an unrecognized state has the opportunity to exercise its legal personality, participate in multilateral conferences, treaties, and international organizations. Thus, while establishing the rule that only a state can be a member of the UN, the UN Charter does not require that this be preceded by recognition. At the same time, the admission of an unrecognized state into an international organization also does not mean its recognition by those states that voted for its admission, but only confirms that it is a subject of international law from the moment of its emergence.

Without creating a state as a subject of international law, recognition states the existence of a legal fact related to

§ 5. Recognition of states

nogo with the emergence of a new state. Recognition allows the state to fully enjoy its fundamental rights and bear basic responsibilities, to participate in the creation and enforcement of international legal norms. Recognition is carried out within the framework of the principles of international law. In particular, the principle of cooperation requires newly emerging and existing states to develop stable relations, which is impossible without recognition.

The practice of states has developed different amounts of recognition. In this regard, there are two forms of recognition: legal and factual. Legal recognition in turn is divided into de jure recognition And de facto recognition. De jure is full recognition, which means an exchange between the recognizing and recognized states' diplomatic missions, i.e. the establishment of stable political relations. State practice has developed certain ways of obtaining full legal recognition. It is usually expressed, which means recording recognition and the desire to establish diplomatic and other connections directly in an official document. Implied recognition is also possible. De facto, as a special legal form of recognition, is incomplete, since the emerging relations between the recognizing and recognized states are not brought to the level of diplomatic relations.

Legal, official recognition should be distinguished from actual, unofficial recognition. It is carried out in the form of constant or episodic contacts at both governmental and non-governmental levels. An option for actual recognition is recognition ad hoc(one-time, for this case).

Recognition is formalized by an act of the recognizing state. An example is the Decree of the President of the Russian Federation of May 12, 1993 “On the recognition of Eritrea.” It says: “Based on the fact that, in accordance with the results of the referendum on independence, a new state is proclaimed - Eritrea, recognize Eritrea as an independent and independent state.”

Recognition of a state as a subject of international law simultaneously means recognition of its government. If the act formalizing recognition speaks of recognition of the government

Chapter 3. Subjects of international law

government, then this also means recognition of the state. At the same time, in international practice, the question of recognizing a new government in an already existing state may arise. This is usually due to the government coming to power through non-constitutional means. This situation gave rise to a number of legal doctrines. Thus, in 1907, the Minister of Foreign Affairs of Evador, Tobar, put forward a doctrine of non-recognition of governments that came to power through revolutionary means. The doctrine of the Minister of Foreign Affairs of Mexico Estrada, proclaimed in 1930, had a fundamentally different character and established that in such situations foreign states should not apply a special act of recognition; accreditation of diplomatic representatives of states under the government that came to power was sufficient.

In modern conditions, recognition of governments that came to power through unconstitutional means is quite possible. But the following circumstances are taken into account: the activities of the new government are supported by the people and correspond to their will; the government exercises effective power on the territory of the state; a democratic political regime has been established, guaranteeing respect for fundamental human rights and freedoms; there is no interference in the internal affairs of the state when the government comes to power.

The problem of recognition may arise in relation to the national liberation movement represented by its bodies, as well as in relation to the warring party.

The national liberation movement is based on the realization of the right of the people (nation) to self-determination. A people fighting for their statehood is a subject of international law. In the course of this struggle, he creates bodies that act on his behalf. Recognition of an organ of a struggling nation is a statement of its international legal personality. This facilitates the realization of the right to receive assistance from both states and international organizations and to exercise other fundamental rights. Examples of this kind were the recognition of the Palestine Liberation Organization as the sole legitimate representative of the Palestinian people, as well as the South West African People's Organization as the representative of the people of Namibia (before independence).

§ 6. Succession of states

Recognition of resistance bodies became widespread among the states of the anti-Hitler coalition during the Second World War. Recognition of the resistance bodies that were created on the territory of states temporarily captured by Germany and its allies meant recognition of the power fighting against the occupiers. Some of the authorities that organized this struggle were in exile (the French Committee of National Liberation, the Czechoslovak National Committee, etc.), while others were in occupied territory. Along with recognition, the organs of popular resistance received the international legal status of combatants, which meant that the rules of warfare were extended to them and that the provision of assistance was legally justified.

International legal recognition.

International legal recognition is an act of a state establishing international legal relations with a recognized party.

Microstates: create your own country on the world map

Such a party may be a new state, a new government, the organs of a nation fighting for independence, a rebel or a belligerent party. Recognition states the emergence of a new sovereign subject of international law or indicates significant changes that have occurred to it.

The institution of recognition is not codified. It is formed mainly by international legal customs.

There are two main theories international legal recognition - constitutive and declarative. According to constitutive theory recognition endows the future subject of international law with legal personality. Declarative theory (used more often), on the contrary, it proceeds from the fact that a state becomes a subject of international law from the moment of its emergence, and not from the moment of recognition.

Still exist forms And kind recognition.

Traditionally there are two forms official recognition: de jure recognition and de facto recognition and unofficial recognition.

De jure recognition- this is official recognition, which presupposes the establishment of full international relations between the recognizer and the recognized.

De facto recognition– this is official recognition, but not in full. It is accompanied by the establishment of economic, consular and other relations with the recognized state, but without the exchange of diplomatic missions.

Ad hoc recognition (one-time, for this case)- This is an unofficial recognition. It takes the form of constant or occasional contacts at both governmental and non-governmental levels.

Traditionally, the following are distinguished: types of recognition :

1. Recognition of states. The main criterion for recognition in this case is sovereignty. Recognition is formalized by an act of the recognizing state.

2.Government recognition. in an already existing state in the case when it came to power through unconstitutional means (as a result of a revolution, coup d'etat, civil war).

3.Recognition of bodies of national liberation movements, rebel or belligerent parties.

Concept and types of international treaties.

International treaty is an international agreement concluded by subjects of international law in writing and governed by international law, regardless of whether such an agreement is contained in one document, in two or more related documents, and also regardless of its specific name. International treaty is the main source of international law.

Depending on the number of participants, contracts are divided into bilateral and multilateral. The latter, in turn, are divided into general (or universal) and local.

A) general multilateral treaties- interest for the international community as a whole.

B) Local Treaties in which a limited number of states participate (for example, states of one geographical region) are considered.

By scope (in space) distinguish: universal treaties, in which the participation of states around the world is expected (for example, the UN Charter); regional, in which only the states of a given geographical area are expected to participate; subregional And local, the scope of which is limited to a small number of states.

Depending on the object, international treaties There are three types of contracts:

— political(about alliance, about mutual assistance, neutrality);

— economic

— on special issues(agreements in the field of transport, communications).

Depending on the validity period there are contracts:

- urgent and

- unlimited.

By availability of participation in an international treaty:

- open and

- closed.

Depending on the organs, concluding international agreements, there are interstate, intergovernmental and interdepartmental agreements.

Conclusion, execution and termination of international treaties.

The conclusion of an international treaty means all actions of the state, from negotiations to the entry into force of the treaty. The process of concluding an international treaty can be divided into stages.

First stage — negotiations to agree on the text of the agreement. Negotiations are conducted by specially authorized persons. To do this, they are given special documents called powers. Authorizations must be issued by the competent authorities of the state in accordance with its internal law.

The second stage is establishing the authenticity of the text. Fixation of the prepared text is final and is not subject to further changes. The authenticity of the text of a bilateral agreement can be established by initialing, i.e., by the authorized persons putting their initials. In addition, the following methods are used to establish the authenticity of the text of multilateral treaties: inclusion of its text in the final act of an international conference, adoption by an international organization of a special resolution, for example, opening a treaty for signature, etc.

Third stage- This expression of consent to be bound by an international treaty. Consent to be bound is expressed by signing, ratification, approval, acceptance, accession.

An important stage in concluding international agreements is registration.

Each valid agreement is binding on its participants and must be carried out in good faith by them. The principle of faithful compliance with international treaties is one of the basic principles of international law. States in their mutual relations cannot deviate from the implementation of the treaty. Various forms of international liability may be applied to a party to a treaty that violates it.

Termination the validity of an international treaty means that it has lost its binding force in relations between its participants and ceased to generate rights and obligations between them. The ways to terminate the contract are:

1. Expiration for which the contract was concluded.

2. Execution of an international treaty.

3. Denunciation of the treaty- the method of terminating a bilateral agreement or withdrawing from a multilateral agreement in the manner and terms stipulated in such an agreement.

4. Annulment of an international treaty- unilateral refusal of the state from the concluded agreement.

5. Occurrence of a canceling condition.

6. Termination of the existence of a party to the contract.

7. Reduction in the number of parties to a multilateral treaty, as a result of which it becomes less than the number required for the contract to enter into force.

8. The emergence of a new imperative norm general international law.

9. Radical change in circumstances

10. Suspension of the contract. Suspension of a contract is a temporary interruption in the operation of the contract under the influence of various circumstances.

Methods of expressing consent to be bound by an international treaty.

Steps

Learn about your country. Before you start creating a new country, it makes sense to learn more about your own.

Develop a plan. Come up with the name of the country, districts, capital, language. Think about it.

Understand the rules. As Bob Dylan said, “To live outside the law, you have to be honest.” The same idea is true when forming a microstate: in order to create your own rules, you must follow the already established rules and norms. The main foundation on which modern states are built is the 1933 Convention on the Rights and Duties of States, also known as the Montevideo Convention. Here are the basic rules set out in the first article of the Convention:

The state as a subject of international law must have the following characteristics:

Permanent population.
Specific territory.
Government.
The ability to enter into relations with other states.
The summary of the first ten articles is the explanation that the existence of a state does not depend on whether other countries recognize it, that it is free to act in its own name, and that no state has the right to interfere in the affairs of another.
Please note that these are not laws in the generally accepted sense. Of course, you can declare your country anytime and anywhere. However, no one will take you seriously. It all comes down to a simple truth: you will have no legitimacy as a state.

Find a territory for your microstate. This is the hardest part. All existing lands have already been appropriated by existing states. With one exception. What's the exception? Antarctica. But even if you can cope with the weather and the lack of “attractiveness to the population”, Antarctica is claimed by the most powerful countries in the world and it is unlikely that they will simply allow you to plant a flag and say: “Mine!” Nevertheless, there are still options on how to find a suitable place on our Planet:

Build an island. The ocean, as they say, is the last frontier. International waters do not belong to any nation, this spurs interest and activity in them.

Invite your friends. One of the key requirements for a state, in addition to territory, is population. If the land you conquer or create does not have an indigenous population, you will have to assemble a company yourself. Recruit your friends and family to join you in this venture and you will have a small but loyal population.
- These days, if you're serious about something (and creating a micronation can actually be serious), then you'll need a website. Use it to find like-minded people and give them compelling reasons to populate your new Republic. This could be: work and money, freedom to marry, or simply the chance to be part of the birth of a nation.
- You must decide what demands will be made on your citizens. Will I be required to take a citizenship test or comply with certain laws? What form will be used to identify them: passport, driver's license, subcutaneous RFID tag?
Establish a government and constitution. The success or failure of your enterprise largely depends on the leadership in management. For example, the success of the United States lies in the Constitution, which is clear about everything and at the same time open to interpretation and development. Without it, perhaps the country would cease to be a single whole and would fall apart due to unrest into dozens of small nation-states. Your government and your constitution must be guided by principles that should be established at the very beginning. Here are some examples of different microstates and their underlying principles:

Develop a legal system. Every good country has a system according to which laws are made. A couple of examples:
- Referendum. Citizens vote to make decisions on issues of national importance or local government. Referendums are held in Switzerland.
- True democracy. People vote for literally everything. In a large country, such a system is difficult to implement, but within a micronation it is quite possible.
Declare your independence. Now that you have a territory, a population and a government with a constitution, it is time to make your presence known. Depending on what you have prepared for the world, one of three things will happen:
Create an economy. If you do not trade in rubles, dollars, euros or other currencies, you will have to create your own financial system. Will the wealth of your people be built on gold, on securities, or only on your word of honor? While your word may be enough among friends, in order to receive a government loan, you will need significant guarantees. Even if you stick to a set currency, you still need to decide how to finance your government. The best way to do this is taxes. The same taxes that made you decide to create your own state. Through taxation, your government will be able to provide basic services such as electricity, running water, necessary officials (as little as you want) and an army.
- The primary responsibility of every state (big or small) is the ability to protect its citizens from enemies. Whether it be regular troops, a national guard, conscription, or some other defensive solution, this is an important point that will need to be considered when creating a constitution.
Gain recognition from the global community. To eliminate the unfavorable factors that led to the creation of your country (read above), you will need to become a global player. To do this, recognition from other countries is necessary. You will need solid experience in international law, politics and diplomacy. If you do not have such experience, it would be advisable to organize a cabinet of qualified politicians who can shoulder this burden.
- This is perhaps the most difficult step of all. Some countries, such as Palestine, Taiwan and Northern Cyprus, seem to have done everything necessary, but are still not recognized by many countries. There are no rules here - each country has its own standards by which they decide on recognition. The result can be influenced by such things as: affiliation with al-Qaeda, communism or capitalism. Your views on human rights or control over natural resources also matter. For example, in the United States, the decision to recognize a nation is made by the President. The decision on your request will depend on who currently occupies the White House, their policies and preferences changing every four years.
- Additionally, to join the UN, none of the five powers - the US, UK, China, Russia and France - must veto your membership. To put it differently, you will have to have neutral positions on issues such as territorial disputes, including with Palestine, Taiwan and Crimea.
- If you live close to or in Europe itself, consider applying to join the European Union. This way you will ensure your country’s sovereignty in world politics.
Create your own symbols. Every country needs a flag and yours, of course, will be no exception. This is the most famous national symbol, but there are other symbols that will help create your national identity:
- Money. What will your currency look like? Will gold coins and 3D holograms on paper banknotes feature your profile, or will you use symbolic icons such as the Statue of Liberty or Charlton Heston? Will you go the modern route, or will you cut out every detail by hand the old fashioned way?
- National emblem. You can come up with a national motto and translate it into Latin. There are many free online translators. Add some ornate graphics to your shield to make everyone think you're a descendant of royalty. Or you can state your mission in clear, native language by asking a designer to create a logo. A good logo can be worth more than the Crown Jewels of England!
- Official correspondence. All letters you write to the President, the UN, the Prime Minister and other heads of state will need high quality letterhead paper embossed with your seal.
- National anthem. Don't forget the national anthem, which will be played at important events.

All over the world, people are creating micronations - experimental states that can exist both on the Internet and occupy a small territory in the real world. This is a very important trend, says Alistair Bonnett, professor of social geography at Newcastle University. He recently gave a lecture about this as part of the InLiberty project, and then spoke about micronations in an interview with Apparat and gave some tips on how to build your own.

FAQ: Everything you need to know about micronations

What it is: Micronations consider themselves independent states, although they are not recognized by the governments of other countries and international organizations - often, they are not even aware of their existence. Micronations are usually created by one person or a small group of people as a political experiment, a philosophical statement, or simply for extravagant fun. Some micronations exist exclusively on the Internet, others try to create their own territory. They all claim to claim some large piece of Earth in the real world.

Example of micronations: The most common example is Sealand. This is a former artillery platform located in international waters off the coast of Great Britain. It is currently ruled by Prince Michael I.

Who creates them: Ordinary people from all over the world who are trying to offer an alternative to existing forms of government. There is always some kind of antagonism between real countries - for example, as there is now between Russia and the West. Such confrontations can last for centuries. The creators of micronations want to avoid this antagonism because they are tired of participating in the eternal political game.

What are they needed for: Micronations are essentially an experimental startup, a place for experimentation and individuality. It is a way for humans to express themselves and exercise autonomy. We shouldn't romanticize micronations or say they offer a better world solution, but they are part of an important trend. They should be looked at as an interesting phenomenon - this is both a criticism of traditional political structures and an attempt to get out of the existing reality.

Two types of micronations: Some micronations are virtual. They have no claim to land, existing solely on the Internet or the imagination of a few people. Some, however, consider the creator’s bedroom to be their “domain.” Other micronations, on the contrary, exist in the format of real communities on real territory. An example would be the Sealand mentioned above or Hutt River Farming in Western Australia.

Emperor George II of the Atlantium Empire, which is based in New South Wales, Australia

How to create your own micronation?

Micronations can take many forms and espouse a wide range of political and philosophical views. Many are monarchies, although the desire to be a king should not be taken seriously - it is rather a form of protest. To proclaim yourself a monarch in a country like the Netherlands or Sweden is to position yourself as an alternative to the royal family. In addition to the monarchy, various left-wing communities are very popular. But in general, everything depends on the will and views of the creator - a micronation can be absolutely anything. Here's how to build your own:

Step 1: Come up with a good concept

The foundation should always be a strong idea. Take, for example, left-leaning micronations. This is a great opportunity for socialists who do not have broad public support. These people do not want to remain marginalized and create their own micronations, this is their manifesto. According to my observations, such projects mainly consist of men who like to talk. It's kind of like a debate and book club. And enjoying the agreement among themselves, they are trying to formulate a new socialist utopia.

For some, micronations are a game. After one of the lectures, a guy once came up to me and asked: “We speak Elvish to each other. Can we create a micronation based on language?” And I said: “This is entirely your business.” In fact, in many micronations there is an element of escapist play: you live in fantasy, you identify with another fairy-tale world. This is such a performance. But I don’t know what the strategy and future of such a microstate might be.

Example: Wirtlandia

Virtlandia was founded in 2008 after the conflict in South Ossetia. The authors, hiding their real names, considered that the current state is not saving humanity from death as a result of wars and conflicts. As a solution, they proposed the creation of an interethnic community on the Internet, which has all the attributes of statehood and can subsequently become a nation offline.

Secretary General of the Conch Republic Peter Anderson. In the last century, a micronation located in Florida declared independence from the United States and declared war on Washington.

Step 2: Find supporters

If a micronation consists of a few young people sitting in their bedrooms, it will simply not be a viable marginal cultural form. But if such communities become popular, if people begin to identify with them, such micronations have a chance. Even if they just exist on the Internet.

Your supporters should share your views. You yourself choose the constitution and form of government, but others must be loyal to these ideas. Only then will they fully invest in the project. Real micronations are formed through the practice of jointly building new state institutions and their own bureaucracy.

The ability to choose your ideology and form of government is the most valuable thing that micronations have to offer. In the ordinary world, most of us do not have this opportunity.

Example: Gay and Lesbian Kingdom

This virtual state on the Coral Sea islands appeared after the Australian government decided not to legalize same-sex marriage and quickly gained many supporters. The leader of the micronation, Emperor Dale Anderson, even hoisted the micronation flag on one of the uninhabited islands and captured an abandoned weather station.

Step 3: Understand how to interact with the government

Even if a micronation has its own territory, it is not necessarily a problem for the state. Micronations may simply be a unique type of experiment, innovation, and reinvigoration of human and political will. Some micronations want dialogue with the authorities to convey their ideas to them. Like, for example, the Australian Empire of Atlantium under the control of Emperor George II. They use the micronation to actively criticize politics, and thus attract anti-globalists and leftists from around the world.