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https://studentshare.org/law/1625461-new-aldonias-admission-to-the-united-nations.
New Aldonia’s Admission to the United Nations There is an on-going debate in the international legal domain over whetheror not justifying the Montevideo criteria only is sufficient to be a state or whether recognition is also needed. These two major doctrinal views are called constitutive and declaratory theories of statehood. The debate has been around the question of whether New Aldonia should be admitted to the United Nations. First of all, one has to ask on how a country should be accepted as a UN member.
According to the United Nations Charter, membership to this big organization is open to all States that love peace and those that accept the obligations documented in the UN Charter; in the organization’s judgment, are capable of carrying out these obligations. From the history evidenced in New Aldonia, it is quite satisfying that this State has tried its best to keep peace through fighting for their independence, thus showing they respect the rights of their citizens, giving a reason enough to be admitted to the United Nations.
According to the Montevideo Convention initiated in 1933 on Statehood, the criteria are: a defined territory; the capacity to relate well with different nations; a permanent population, and a government (Fassbender 36). New Aldonia meets all these conventions and there is no reason enough to exclude its membership. The legal and political existence of New Aldonia is independent of recognition by other nations. Even before recognition, New Aldonia has the right to protect its independence and integrity, since it provides its prosperity and conservation.
New Aldonia should organize itself as it sees fit, to enact upon its interests, for the reason that it has already defined the competence and jurisdiction of its courts, and also administered its services to justify that UN should admit it. Work CitedFassbender, B. (1998). United Nations Charter as Constitution of the International Community, The. Colum. J. Transnatl L., 36, 529.
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