MONTEVIDEO CONVENTION

http://www.oas.org/juridico/spanish/tratados/a-40.html

The Convention on the Rights and Duties of States is an international treaty signed in Montevideo, Uruguay, on December 26, 1933.

The convention establishes the definition of the State, its rights and obligations.

In Article 1 it establishes four characteristic criteria of a State that have become part of customary international law.

They have been recognized as confirmation in International Law, establishing that a State as a person of International Law must meet the following requirements:

ARTICLE 1

The State as a subject of International Law must meet the following requirements:

I. – Permanent population.

II. —Determined territory.

III. -Government.

IV. —Ability to enter into relations with other States.

Under these guidelines, any entity that meets these criteria can be considered a sovereign state under international law, whether or not it has been recognized by other states.

Independent Republic REML meets and fulfills the 4 requirements of Article 1 of the Montevideo Convention on the definition of the State.

ARTICLE 3

The political existence of the state is independent of its recognition by other states.

Even before being recognized, the State has the right to defend its integrity and independence.

ARTICLE 7

The recognition of the State may be express or tacit. The latter results from any act that implies the intention to recognize the new State.

VIENNA CONVENTION

http://www.oas.org/legal/spanish/documentos/ConvencionViena.htm

The Vienna Convention on Diplomatic Relations is an international treaty that regulates diplomatic relations between countries and the immunity of diplomatic personnel.
It was adopted on April 18, 1961 in Vienna (Austria) and entered into force on April 24, 1964. It was supplemented in 1963 by the Vienna Convention on Consular Relations.
174 States belong to the Convention and in the States that have not signed the document, its provisions apply as customary international law.

INTERNATIONAL JURISPRUDENCE

The Principality of Hutt River is a micronation located within Western Australia, which was founded on April 21, 1970. It was formerly known as Hutt River Province. The principality claims to be an independent state but it is not de jure officially recognized by Australia, however this State has already been proclaimed 40 years of independence and the Australian Government has not been able to legally find a way to suppress it. Hutt River claimed its Independence by writing addressed to its Administration. When the Australian Government responded to the Administrator of that State, its recognition was tacitly implied and since then it has been considered so.

Sealand, officially Principality of Sealand, is an unrecognized self-proclaimed state, internationally considered as a micronation, whose form of government is the hereditary constitutional monarchy. Despite the lack of recognition of its sovereignty and legitimacy, Sealand is one of the best-known micronations in the world and is often used as a case study of how the principles of international law can be applied to a territory in dispute.

Wirtland is the first experimental Internet-based sovereign country, a micronation (a self-declared state but not recognized as an entity). Wirtland is an experiment in the legitimacy and self-sustainability of a country without its own land. A country that transcends national borders without violating or diminishing the sovereignty of any other nation. International law (Montevideo Convention) leaves the door open for the formation of new states. To be eligible for international recognition, Wirtland needs territory.

Asgardia is a Nation without Territory project on Earth based on a satellite from outer space. The proposal was announced on October 12, 2016 by the Aerospace Research Center based in Vienna, Austria. They have applied to the UN for territory status. The International Organization has not yet responded.

Principality of Pontinha: it is a micronation on an islet connected to the island of Madeira, Portugal, by a port. The fortified islet was proclaimed an independent principality in 2007 by Renato Barros, self-styled Prince Renato, owner of the land. In 2000, Madeira art teacher Renato de Barros bought the Blandys islet and fort for 9,000 contos (the equivalent of ~ € 45,000), with the aim of studying wave energy. In November 2007, Renato Barros presented a “request for separation from the Principality of Pontinha Island” to Monteiro Diniz, representative of the sovereign in the Autonomous Region of Madeira. Later, Renato Barros declared the island’s independence, calling it the Principality of Pontinha and calling it Prince. According to Barros, at the time of the sale of the islet by the king, a royal letter was issued to the buyer, granting him not only possession of the islet but also “dominion” over it (that is, according to Barros, the letter granted sovereignty over the continental mass to its owner since 1903).

The Royal Letter of October 26, 1903 says the following:

Dom Carlos I (…) does well to transmit to him by irrevocable and pure sale all the possession and domain that the National Treasury had in that building for (…) the bidder, his heirs and successors (…)

In December 2015, bitcoin became the official currency of the country. In 2016, a documentary entitled A sovereign dream about Renato Barros and his Principality premiered at the Madeira Film Festival. In February 2017, José Manuel Coelho, a Madeiran politician known for his extravagant feats, applied for political asylum in the self-proclaimed principality, which was granted to him by the self-proclaimed Prince Renato Barros.

DEFINITIONS

CONSENSUS: Agreement produced by consent between all members of a group.
STATE: Set of the governing bodies of a sovereign country.
GOVERNMENT: Authority that directs, controls and administers the institutions of the State.
NATION: Set of the inhabitants of a country governed by the same government. Territory of that country.
COUNTRY: Nation, region, province or territory.
HOMELAND: Homeland or adopted land ordered as a nation, to which the human being feels bound by legal, historical and emotional ties.
TOWN: A group of people from a place, region or country. Country with independent government.
SOVEREIGN: Who exercises or possesses the supreme and independent authority.
MICRONATION: it is an entity that claims to be an independent nation or state but lacks the recognition of world governments or international organizations.
MICRO-STATE: A microstate is a sovereign state that has a very small population, a very small territory, or both.

de jure: It literally means ‘of law’, with legal recognition, legally. A de jure situation is one that is recognized by current legislation or by the competent authority.