Jessie Ladeth B.

Contento, JD 1
Constitutional Law 1
Principality of Sealand
I. Statement of the Problem
In relation to the four elements of statehood, which form the basis of the existence of State in
the international community, is the Principality of Sealand a state?
II. Facts
Sealand is a self-claimed country populated by family and associates of Paddy Roy Bates
located on HM Fort Roughs, a former World War II Maunsell Sea For in the North Sea, 10 km off
the coast of Suffolk, England, United Kingdom. The territory was acquired by the inhabitants from
a pirate radio broadcasters in 1967 and in 1975, they established Sealand as a nation thereby
crafting their fundamental laws and national symbols. Although Sealand's government claims it
has been de facto recognised by the United Kingdom, after an English court ruled it did not have
jurisdiction over Sealand as territorial water limitations were defined at the time and Germany,
neither action constitutes de jure recognition. Furthermore, Sealand is not officially recognized by
sovereign states.
IV. Discussion
The state is a community of persons, more or less numerous, permanently occupying a
fixed territory, and possessed of an independent government organized for political ends to which
a great body of inhabitants render habitual obedience. 1 The case of Sealand is a distinct one and
theres a need for a deeper and more critical analysis and research to find out if it has all the
elements of statehood thus be considered as a state.
In the Montevideo Convention which has achieved a customary international law status,
there are four criteria for statehood; territory, people, government and capacity to enter into
relations with other state.
First, one must have a defined territory in which Sealand has an estimated 6,000 square
feet or twice the size of a tennis court. The second criteria is the population where Sealand has
around five people soujourning in its territory yet sometimes moves to mainland Britain to be
educated, for healthcare, food gathering and other transactions. Furthermore, the Principality of
Sealand has a monarchical government system complying the third criteria of the aforementioned
convention.
To complete the criteria, one must have the capacity to enter into relations with other state.
Sealand is not recognized by other states and clearly not a member of the United Nations.
Though its inhabitants travel to Britain from time to time, it does not constitute an official relations
recognized by the UK.
On the case of sovereignty, Sealand has internal and external sovereignty yet its limited only.
V. Conclusion
With all of the discussions and analysis held in the preceding part, the Principality of Sealand
is clearly not a state if we based it in the Montevideo Convention.
VI. Bibliography/ Sources
1

Garner, Introduction to Political Science, 41.

Isagani Cruz. Philippine Political Law. Central Publishing (2014)
Joaquin Bernas. Introduction to Public International Law. Rex Book Store (2002)