How do you create a new country?

South Sudan, youngest country in the world, celebrates the 6th anniversary of its independence earlier this year. Image: Getty.

Within the space of a week this autumn, the people of Catalonia and Kurdistan will be asked if they want to live in an independent country. If these two referendums result in declarations of independence, what happens next? It may seem straightforward that Kurdistan, Catalonia, or even both would become the world’s newest countries. But it’s not that simple.

International law states that people have the right to determine their own destiny, including political status. Our right of self-determination is enshrined in the UN Charter, and clarified in the International Covenant on Civil and Political Rights. This could be taken as the right to have sovereign statehood recognised by the international community. However, it’s most often interpreted as the right of a population to determine how they are governed and who governs them. In other words, self-determination in today’s world most often pertains to choices within an existing country rather than as a path to new statehood.

This is partly because the laws on self-determination were mostly written during the period of decolonisation. That historical context cannot be ignored when interpreting their purpose. During that time, colonial powers were taking steps towards dismantling their empires. They had become expensive to maintain and political pressure was growing within the colonies themselves.

Creating a country

Another complicating factor in setting up a country is the fact that, for one territory to become a new state, another already existing sovereign state must lose some of its territory. That would violate the laws and norms of territorial integrity. These are some of the oldest and most steadfast rules underpinning the international system.

Recognition of a new state essentially means legally recognising the transfer of sovereignty over a territory from one authority to another. An international body, including the UN, cannot just take away territory without the permission of the original “host” state. To do so would be a violation of one of the defining rules of the system of states.

Kosovo, for example, declared independence from Serbia in 2008 but even to this day it doesn’t have sovereign statehood – despite more than half of the UN’s member states recognising its independence. This is largely because Serbia still claims sovereign control over the territory, although other factors are certainly also at play. In the same way, Iraq would have to relinquish sovereign control over territory in order for Kurdistan to become a state.

There are obvious competing and contradicting legal principles here. In at least one instance, these contradictions appear together within the same law. Indeed, what we find is that there is no clear legal path to obtaining sovereign statehood. There is also no legally established mechanism for who determines whether a territory becomes a sovereign state. So we have to look at previous examples to work out how it’s done.

The world’s most recent states are South Sudan, which was recognised in 2011, and East Timor, which was recognised in 2002. In the early 1990s, there was a wave of new states due to the collapse of the Soviet Union and the breakup of Yugoslavia. In 1993, Eritrea also became a state after a decades-long war with Ethiopia, which had annexed Eritrea in 1962. Prior to that, the world’s new states emerged out of the shifting or collapse of empires, most notable with the end of colonialism.

For East Timor and South Sudan, and in many ways Eritrea, statehood was part of attempts to resolve another problem: violent conflict. In all three cases, the host state (Indonesia for East Timor; Sudan for South Sudan; Ethiopia for Eritrea) agreed to relinquish control of the territory as part of negotiated peace agreements.

All of these new states obtained sovereignty after the disappearance of their former sovereign power, or with the permission of their former sovereign power. What they all have in common is that they became states in order to resolve some kind of problem, meaning there was some international benefit to their recognition. For the world’s newest states, their recognition was more of a political act than a legally defined process.


When is a state recognised as independent?

Although it’s not clearly laid out in law, a territory essentially becomes a sovereign state when its independence is recognised by the United Nations. As the largest and most inclusive multilateral organisation, its sanctioning of sovereign statehood makes sense.

But while procedures for admitting new members are clearly laid out in the Charter and in the rules of the UN, these rules pertain to new members that are already sovereign states. Yet again there is ambiguity in the process that aspiring states must go through in order to become sovereign.

Becoming an internationally recognised sovereign country is not a clear or straightforward process. In many ways, it is determined by power and the international political climate of the day. And a surprising number of entities exist as unrecognised states, many for decades, without recognition of sovereignty.

The ConversationIf Catalonia or Kurdistan declare their independence this autumn, they may get sovereign statehood if their host states agree. If not, though, they could choose to declare their independence, and to exist as an unrecognised state indefinitely.

Rebecca Richards is a lecturer in international relations at Keele University.

This article was originally published on The Conversation. Read the original article.

 
 
 
 

Where did London’s parakeets come from?

Parakeets in the skies above Wormwood Scrubs, west London. Image: Getty.

Visitors to London’s many green spaces would have to be stubbornly looking at their feet to not see one of the UK’s most exotic birds.  Dubbed “posh pigeons” by unimaginative Londoners, these brilliant green parakeets stand out among the fauna of Northern Europe’s mostly grey cities.

‘Parakeets’ is actually an umbrella term referring to the multiple species, which can now be found in London, Amsterdam, Brussels, Paris and various German cities. By far the most common is the Indian ring-necked parakeet, easily recognisable by the stylish red ring around their neck, a matching red beak and, of course, the loud squawking.

In the last 50 years these migrants from South Asia have arrived and thrived, settling into their own ecological niche. In the UK, London is a particular stronghold, but although they may have originally settled in the leafy streets of Twickenham, the birds can now be found in cities as far north as Glasgow.

The story of how they ended up in London is a matter of some discussion and plenty of myth. One often reported theory is that the capitals’ current population are the descendants of birds that escaped from Shepperton Studios during filming of The African Queen, starring Humphrey Bogart and Katharine Hepburn. Others would tell you that they escaped from Syon Park in the early 1970s, when a piece of debris from a passing plane damaged the aviary and allowed them to escape. This chimes with their original concentration in South West London.
My favourite story by far is that they were released by Jimi Hendrix on Carnaby Street in the late 60s. Bored of London’s grey skyline, he set the little fellas free to liven up the place.

However they got here, from 1970 onwards their numbers boomed. In 1992, 700 birds were recorded in London Bird Report. By 1998, 2,845 were seen in the London Area, and by 2006 the ring-neck parakeet was 15th most sighted bird in London.


Darwin would be proud at how well they adapted to the new environment. Toughened up by the hard Himalayan climate, they handle the cold northern European winters better than most locals. Global warming is often brought up in discussions of the parakeets, but it is certainly only part of the story.
It helps, too, that the birds have a 35 year lifespan and few local predators, enabling them to breed freely.

As with any new species, the debate has raged about whether they are harmful to the ecosystem. Strangely reminiscent of the debate over human migrants, often the birds have often been accused of stealing the homes of the natives. The parakeets do nest in tree cavities also used by jackdaws, owls and woodpeckers – but there is little evidence that native species are being muscled out. 

The also provide a food source for Britain's embattled birds of prey. Owls and peregrine falcons have been know to eat them. Charlie and Tom, two city dwelling falcons monitored by Nathalie Mahieu, often bring back parakeets as food.
Of more concern is the new arrivals’ effect on plants and trees. By 2009 their numbers in the UK had grown so much that they were added to the “general licence” of species, which can be killed without individual permission if they are causing damage.

And Parrotnet, am EU funded research project studying the development of parakeet populations across Europe, has warned of the risk they pose to agriculture. In their native India, the parakeets are known to cause widespread damage to crops. As agriculture develops in the UK in line with warmer climates, crops such as maize, grapes and sunflower will become more popular. In India the birds have been documented as reducing maize crops by 81 per cent.

So the parakeets remain divisive. Environmentalist Tony Juniper has disparagingly described them as “the grey squirrel of the skies”. By contrast, the University of York biologist Chris D. Thomas has argued that the parakeets should be left free to move and breed. He sees those wary of the parakeet boom of “irrational persecution” of the bird.

For good or ill the parakeets are here to stay. As so often with migrants of all kinds, there has been some unease about the impact they have had – but the birds, popular amongst Londoners, certainly add colour to the city. Thriving in the urban environment thousands of miles from their natural habitat, they are a metropolitan bird for Europe’s metropolitan cities. 

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