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Jesstonie C.

Damayo

Atty. Judiel Pareja

Juris Doctor 1

Constitutional Law

I.

Statement of the Problem


Is the Principality of Sealand a State?

II.

Facts
The Principality of Sealand a small platform, a remnant of World War II British
defenses, and an unrecognized entity is situated in the North Sea seven nautical miles off the
coast of Suffolk, England, United Kingdom. It was discovered by the fishing magnate Roy Bates
who adopted new purpose, family home and territory of a fledgling nation. Roy Bates
established himself as principal and sovereign; he created a national flag and other national
symbols. It even has its own national anthem. Sealand has been described as the

worlds

smallest country or nation but it is not officially recognized by any established sovereign

state in spite of Sealand's government's claim that it has been de facto recognized by the
United Kingdom and Germany.
III.

Discussion
A State according to Article 1 of the Montevideo Convention states The State
as a person of international law should possess the following qualifications: a) permanent
population, b) a defined territory, c) government and d) capacity to enter into relations with the
other States. Sealand has now a population of 30 to 40 persons permanently living in the
platform. The mere fact that it has only small number of citizens does not disqualify its
statehood, since as long as a States population is a group of persons leading a common life
and forming a living community, then it qualifies. On its territory, Sealands defined territory is
the platform of Fort roughs though it is not situated on the fixed point on the surface of the Earth
as other scholars contend it should be. Also, it is where the government of Bates exercises his
jurisdiction. Sealand has a government since Bates proclaimed the constitution on the
Principality of Sealand which was preceded by the Sealand State Corporation which gave the
board of senators the authority to enact laws and owned the land and resources of Sealand.
Sealand has sovereignty since it was able to control its own direct affairs from other states
especially when the German official visited the nation back on 1977.

IV.

Conclusion
With the discussion presented above, I conclude that the Principality of Sealand is
indeed a state having met all the qualifications/ elements of the State as aforementioned.
Perhaps there could only be the slightest possibility that it may receive recognition from other
States as a sovereign nation and the rights and freedoms that coincide in a sovereign nation.

V.

Bibliography/ Sources
Cruz, Isagani.2003. International Law. Central Lawbook Publishing Co., Inc.
http://law.emory.edu/eilr/content/volume-29/issue-3/comments/sealand-case-forsovereign-recognition.html#section6f8b794f3246b0c1e1780bb4d4d5dc53
http://www.sealandgov.org/about
http://micronations.wikia.com/wiki/Sealand

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