Existence
The
existence of Amandium is absolutely legal. Its existence does not depend on the
recognition of other state. However, we are constantly building relations with other
countries and organizations all over the world. The documents executed and
dispense from the Office of the Chancery are lawful, and the hopes that every
state will treat them as such.
United Nation Recognition
United Nation recognition may be important for a
sovereign country but not mandatory. The Article 3 of Montevideo
Convention on the Rights and Duties of States, which is considered as major
part of customary international law, states:
“The political existence of the
state is independent of recognition by the other states.”
Are
There Similar Cases, Precedents in International Law?
Yes. The the Order of
Malta do not have territory and yet recognized by nations. It gained
recognition by about 100 or more countries, and maintains diplomatic relations
with them. It issues licenses, coins, stamps and passports, like any other
sovereign nation.
As a Sovereign Nation-State
According to the Montevideo Convention on the
Rights and Duties of States, a state must have permanent population, defined
territory, stable government, and the capacity to enter into diplomatic
relations (Article 1), in order to be considered a sovereign state.
The citizens of Amandium are increasing due to
birth rate and naturalization. These citizens can secure their passports,
register legal acts and deeds, and conduct other lawful activities. As of the
moment Amandium do not have physical territory, only consular districts all
over the world. This is not uniquely Amandium; the case of The Order of Malta
is another good example. Note that there are many “states” that fulfil all the
four requirements and not recognized by the United Nations.
The Montevideo Convention is now being questioned by
scholars because its criteria are obsolete. Time has change and global communication
is developing fast. In his paper “The Acquisition of Sovereignty by Quasi-States”
professor Noel Cox argues that:
“Yet, this [Montevideo Convention’s]
definition is increasingly meaningless. The notions of sovereignty and
statehood are not easily defined or explained…. With the growth in both the
(horizontal) extent and (vertical) reach of international agreements, treaties,
conventions and codes, national independence is becoming less relevant. This
tendency is becoming more noticeable in the modern commercial environment, and
especially the internet.”
Traditional Vis-à-vis Post-modern State
Traditional state is generally formed after
separation from an existing state and that leads to dispute. This did not
happened to Amandium, the state only claim virtual territory therefore, there
is no conflict from the existing state, nor does it purport in breaching or lessening the sovereignty
of other sovereign state. This is the advantage of not having
a land territory. Amandium welcomes relations from all nations of the world.