Essay from the year 2000 in the subject Law – European and International Law, Intellectual Properties, grade: 2 (B), University of Newcastle upon Tyne (Law School), course: Foundations of Public International Law, language: English, abstract: “The orthodox positivist doctrine has been explicit in the affirmation that only States are subjects
of international law.”1 However, since international law is primarily concealed with the rights and
duties of states, it is necessary to have a clear idea of what a state is. Problems of definition of
statehood and of its application thus occupy an important place in the structure of international
law. The disputes on this topic tend to be focused on factual issues rather than on the relevant
legal criteria. The question of the criteria is a mixed fact and law question though. To create a
state entities must fulfil certain criteria of statehood. There are different opinions on the essential
criteria, which will be examined critically hereafter. 1 Lauterpacht, International Law, p. 489.