Deutsche Continental Gas-Gesellschaft v. Polish State
Rule established
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.
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
- 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.
How to use it in an exam
- 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."
Source
Source: (1929) 5 Annual Digest 11
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.