THE STATEHOOD OF LIBERLAND UNDER INTERNATIONAL LAW
Liberland’s right to acknowledged statehood is based on its fulfillment of criteria set forth into international law by the signing of the Montevideo Convention on the Rights and Duties of States. On December 26, 1933, the Seventh International Conference of American States, also known as the Seventh Pan-American Conference, the declarative theory of statehood was codified into, and became an accepted part of, customary international law with the signing of the Montevideo Convention on the Rights and Duties of States. Statehood, as defined by the declarative theory, views a state as a person in international law if it meets the following criteria: 1) has a defined territory; 2) has a permanent population; 3) has a government and 4) possesses a capacity to enter relations with other states. Being that the Montevideo Convention is merely a restatement of customary international law, the convention itself only codified existing legal norms and principles and therefore does not only apply solely to the signatories of the treaty, but to all subjects of international law as well. The convention became operative on December 26, 1934. Liberland has met the criteria of statehood as set out by the Montevideo Convention in the following ways:
- Does Liberland have a defined territory? Yes. Liberland’s territory is located between Croatia and Serbia on the west bank of the Danube river. The official maps and territorial claims of both Croatia and Serbia were carefully studied so as not to encroach upon their territory. Serbia has stated publicly that Liberland is not located on any territory belonging to Serbia. Furthermore Croatia - despite the barrier created by its police around the territory - has maintained that the territory in question does not belong to Croatia, but to Serbia, denying any claim to the land for itself.
- Does Liberland have a permanent population? Yes. To date, Liberland has received nearly 500,000 applications for citizenship, of those approximately 115,000 people have submitted eligible applications. This is much more than applications for citizenship of many established and recognized countries. Roughly 500 people have received official citizenship and currently a contingent of several dozen people are living on the ground in nearby countries, awaiting the diplomatic resolution of Croatia’s blockade of Liberland’s lawfully claimed territory. Liberland citizens have registered several businesses on www.liberland.ltd and in the e-residency app. Liberland has attracted investors, adventurers and potential settlers from all over the world. We intend to harness the people power of Liberland into a global movement for individual liberty.
- Does Liberland have a government? Yes. Liberland’s provisional government has an operating structure with formalized meetings, processes and protocols. It has executive, judicial, finance and diplomatic branches with their own (and shared) responsibilities. Liberland already has a draft constitution with plans to enable citizen participation and ratify the proposed constitution within the near future. Liberland’s national treasury currently holds reserves exceeding her entire expenses since her founding, fully funding the government's budget and repeatedly resulting in a budget surplus.
- Does Liberland possess a capacity to enter relations with other states? Yes. The standing provisional government has established at least 60 active representative offices worldwide and has conducted meetings with high-level officials of foreign governments, including those of the United States of America and several governments in Europe, Africa, Asia and Latin America. Diplomats from several established states have also shown support for Liberland by attending its meetings and events. As an international legal personality, Liberland has the ability to sign agreements and treaties and to send and receive legations. For instance, we have established relations with Somaliland, signed a Memorandum of Understanding (MOU) and mutually recognize each others’ passports. We have engaged with local and regional officials to bring Liberland businesses to a number of Special Economic Zones (SEZs) in Serbia and other countries. The economic situation in the Balkans offers Liberland and Liberland businesses a prime opportunity for investment and growth in several sectors, and we feel area governments should and will be receptive to our message.
Additional international legal considerations in Liberland’s favor:
- The formation of Liberland as a state is based on self-government of its own people, i.e. its citizens
- Liberland was proclaimed with the tacit consent of its parent state Serbia, which has waived claim to the territory
- Liberland does not violate the territorial integrity of any other country
- Liberland was not claimed by use of force
- Liberland is not a separatist or secession movement
- Liberland is not a coup or takeover of an existing state
- There is no applicable counterclaim to that of Liberland on the indicated territory