StatehoodFour criteriaGerman-Polish Mixed Arbitral Tribunal

Deutsche Continental Gas-Gesellschaft v Polish State

(1929) 5 Annual Digest 1119291 min read
The case in brief30-second read
Facts
Deutsche Continental Gas held concessions in Upper Silesia (originally German territory) After WWI, the territory was transferred to Poland. Company claimed compensation from the "Polish State"
Issue
What constitutes a "state" in international law?
Held
A state exists when four criteria are satisfied:
Principle
A state exists in international law when it possesses: (1) a defined territory, (2) a permanent population, (3) an effective government, and (4) capacity to enter into relations with other states. These four criteria constitute the declaratory test of statehood.
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Facts

  • Deutsche Continental Gas held concessions in Upper Silesia (originally German territory)
  • After WWI, the territory was transferred to Poland
  • Company claimed compensation from the "Polish State"
  • Preliminary question: did Poland exist as a state at the relevant date?

Issue

  1. What constitutes a "state" in international law?

Held

  • A state exists when four criteria are satisfied:
  • A defined territory (need not be precisely delimited; borders may be disputed)
  • A permanent population
  • An effective government exercising control
  • Capacity to enter into relations with other states

Ratio decidendi

The existence of a state is a question of fact. A community constitutes a state when it possesses a defined territory, a permanent population, an effective government, and the capacity to conduct foreign relations. Recognition by other states is declaratory, not constitutive, of statehood.

Exam use

How to use it in an answer

  • Authority for the four criteria of statehood (pre-Montevideo formulation)
  • Always paired with Montevideo Convention 1933, Art. 1
  • Key line: "In Deutsche Continental Gas v. Polish State (1929), the Tribunal held that a state exists when it possesses: (1) defined territory, (2) permanent population, (3) effective government, and (4) capacity to enter into foreign relations."

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Citation

Deutsche Continental Gas-Gesellschaft v. Polish State (1929) 5 Annual Digest 11

Reported: (1929) 5 Annual Digest 11. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.