Step 1: Make sure you are eligible
As tempting as it might be to declare your cubicle a sovereign state,
customary international law actually does specify minimum standards for
statehood.
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You must have a defined territory. You
must have a permanent population. You must have a government. Your
government must be capable of interacting with other states. (This one
is somewhat controversial. It was included as a qualification in
the 1933 Montevideo Convention,
which established the United States good neighbor policy of
nonintervention in Latin America, but is generally not recognized as
international law.)
Step 2: Declare independence
Congratulations on joining the ranks of Transnistria, Somaliland, and a
host of other countries that wont be marching at the Olympics anytime
soon. Just because youve met the qualifications and declared yourself
independent doesnt mean that youre going to be taken seriously. Even the
Principality of Sealandlocated
on a 10,000-square-foot platform in the North Seahas tried with mixed
success to claim sovereignty under these qualifications.
However, now that your state is established, there are certain benefits
you can expect, even if youre not recognized by anyone. Once an entity
has established itself as a de facto state, it will benefit from
territorial integrity and certain guarantees of sovereignty, says Stefan
Talmon, professor of public international law at Oxford University and
author of Recognition in International Law. For instance, now that
Kosovo is established as a state, Serbia can no longer freely attack it
to bring it back into Serbia. It benefits from the prohibition of the
use of force under the U.N. Charter. These rules were established during
the Cold War to protect new states that were not yet recognized by one
bloc or another.
Step 3: Get recognized
Theres not much
point in having your own country unless other countries acknowledge your
existence. International recognition is what gives a country legitimacy
in the international community and what ultimately distinguishes the
New Zealands of the world from the Nagorno-Karabakhs. Naturally, though,
the established countries are going to take some convincing.
Recognition is quite complicated because it combines international law
and international politics, Talmon says. Some people say that
recognition is a purely political act. It is at the discretion of
existing states whether they recognize, so there is no right to
recognition.
This was especially true during the Cold War, when
the national legitimacy of North and South Vietnam, North and South
Korea, and East and West Germany depended on which side you asked. Even
today, a number of entities are recognized as states by some countries,
but not by others. Palestine, Taiwan, and Northern Cyprus fall into this
category.
The United States has no official policy on what is
required for recognition, according to its State Department. Instead,
the decision to recognize a state is made by the president. Then the
president decides whether to establish diplomatic relations with the
state based on U.S. national interests. Theres no cookie-cutter
approach, so when you ask for recognition, be sure to explain how your
independence will be good for America. In the old days, proving your
anti-communist cred was usually good enough. Today, U.S. strategic
priorities are a bit more complex, though as Kosovo proves, ticking off
the Russians still helps.
Step 4: Join the club
Since
its founding in 1945, membership in the United Nations has become the
gold standard of international legitimacy. When you are admitted to the
U.N, thats a form of approval, Talmon says. Its like a stamp [that says]
you are now a full member of the international community.
Applying for U.N. membership is a breeze. According to
U.N. rules,
all you need to do is write a letter to the secretary-general
requesting membership. These letters are remarkably short and simple.
For a handy template, check out the successful
application of Montenegro, the United Nations most recent member.
You can mail your application to:
Ban Ki-moon
Secretary-General
The United Nations
First Ave. at 46th St.
New York, NY 10017
Now comes the hard part. The Security Council must refer you to the
General Assembly, which must determine by a two-thirds majority that you
are a peace-loving state that can carry out the duties of the
U.N. Charter.
Its probably not even worth trying this unless youve completed step 3. A
number of unrecognized states have applied for U.N. recognition over
the years, including American-Indian tribes, but without the credibility
bestowed by bilateral recognition, these applications are usually just
filed away.
The biggest obstacle to U.N. membership is power
politics. Neither North nor South Korea got U.N. membership until 1991
because of vetoes by one bloc or another during the Cold War. Even
today, Russias veto on the Security Council will probably prevent Kosovo
from gaining a seat at the table anytime soon. The Republic of China,
a.k.a. Taiwan, was one of the founding members of the United Nations and
once had a permanent seat on the Security Council. But Taiwan was
booted out in favor of the Peoples Republic of China in 1971, after U.S.
President Richard Nixon decided to cozy up to Beijing. The Taiwanese
government has applied for membership every year since 1993, but to no
avail. The United Nations didnt even bother to open Taiwans most recent
letter.
As you can see, the point at which a territory
officially becomes a country is very much in the eyes of the beholder.
International recognition can be an elusive prize. The good news? The
longer you wait, the better your chances become. In international law,
which is often based on custom, the longer you can maintain your de
facto sovereignty, the more likely you are to be accepted. (Unless, of
course, youre Taiwan.)
The strength of Kosovos bid for
independence from Serbia is based largely on the fact that it has, for
all intents and purposes, been independent for almost a decade. In a
more extreme example, the 900-year-old Sovereign Order of Malta has
diplomatic relations with 100 countries and observer status at the
United Nations even though its entire territory is contained in a few
buildings in Rome. So dont be discouraged. Starting your own country
isnt impossible. Its just going to require a lot of patience and the
right friends.
