Negara dalam Perspektif Hukum Internasional

Summary

This video explores the key criteria for a country to be recognized as a subject of international law, based on the 1933 Montevideo Convention. It highlights four essential elements: a permanent population, defined territory, an effective government, and the ability to establish relations with other countries. The video emphasizes the concept of sovereignty, both internal and external, explaining how recognition by other nations is crucial for a country’s international standing. Through examples like Indonesia’s independence, the video offers a clear understanding of statehood in the context of international law.

Takeaways

• 😀 International law recognizes the state as the primary subject with rights and obligations to act within its own territory and in international relations.
• 😀 A state must meet specific criteria to be recognized as a subject of international law, as outlined in the 1933 Montevideo Convention.
• 😀 The 1933 Montevideo Convention identifies four main criteria for statehood: permanent population, defined territory, effective government, and the capacity to engage in foreign relations.
• 😀 A permanent population refers to people who inhabit a territory on a long-term or permanent basis, forming the core of the state's identity.
• 😀 A state must have a defined territory with clear boundaries, which could include land, sea, air, and space, to be considered a valid subject of international law.
• 😀 The existence of an effective government is crucial for a state's recognition in international law. A government must have control over its territory and citizens.
• 😀 The ability to enter into relations with other countries is a key aspect of sovereignty and is necessary for a state to be recognized in the international community.
• 😀 Sovereignty in international law has two dimensions: internal sovereignty (control within its own borders) and external sovereignty (recognition and relations with other countries).
• 😀 Recognition from other countries is essential for a state to fully engage in international relations and establish diplomatic ties.
• 😀 The concept of national sovereignty forms the basis of state formation, with power over territory being fundamental to the existence of a state in international law.
• 😀 The recognition of Indonesia's independence by other countries, such as Egypt, in 1946, highlights the importance of external sovereignty and international recognition.

Q & A

What is the primary subject of international law according to the video?

The state is the primary subject of international law. It holds rights and obligations under both material and formal international law.

What are the key conditions that a state must meet to be considered a subject of international law according to the 1933 Montevideo Convention?

According to the 1933 Montevideo Convention, a state must have: permanent residents, a certain territory, a government, and the ability to engage in relations with other countries.

What is meant by 'permanent residents' in the context of international law?

Permanent residents refer to a group of people who permanently inhabit a specific area. In international law, this is synonymous with citizens who have a political attachment to the country.

Why is 'certain territory' important for a state under international law?

A state must have a defined and permanent territory because, without territory, it cannot be recognized as a country. The territory should have clear boundaries, which may include land, sea, air, and space.

How does a government contribute to a state's recognition in international law?

A government is essential because it regulates the territory and controls the population. International law recognizes a state's government as the entity responsible for fulfilling its international rights and obligations.

What does 'the ability to engage in relations with other countries' mean in international law?

This refers to a state's capacity to establish formal relationships with other countries, including diplomatic recognition and participation in international treaties and organizations.

What role does sovereignty play in a state's recognition under international law?

Sovereignty is crucial for statehood, as it implies absolute control over a defined territory (internal sovereignty) and the recognition of that authority by other countries (external sovereignty).

What is the difference between internal and external sovereignty?

Internal sovereignty refers to a state's control over its own territory and citizens, while external sovereignty involves the recognition of that control by other states and the ability to establish international relations.

How does international recognition affect a country's status in international law?

International recognition is key for a country to be considered a subject of international law. Without recognition by other states, even if the country meets the other criteria, it cannot effectively engage in international relations or fulfill its rights and obligations.

Can a country be considered a state under international law if it does not meet the four criteria outlined in the Montevideo Convention?

No, if a country does not meet all four criteria—permanent residents, certain territory, government, and the ability to engage in international relations—it cannot be recognized as a state under international law.