How essential is control over territory to the existence of statehood? How unstable or uncertain does control over territory have to become before the existence of statehood is called into question? To what extent has control over territory formed the basis for the emergence of new states in International law?
One of the key characteristics of a contemporary State is its territory and this is defined in article 1 of the Montevideo Convention. It is clear that one of the key criteria of statehood is the effective authority of the government over its territory.
However, in relation to the second question, once a state is formed, there appears to be little governing its dissolution or end, in the event of civil war and unrest. One key example that comes to mind is Somalia and Somaliland. Despite being classified as a failed state and having relatively little control over its territories, including Somaliland, the Somalian Transitional Federal Government continues to be officially recognized by the United Nations, the African Union and the United States and Somalia is accorded recognition as a sovereign state by the international community.
Yet the opposite is true for Somaliland, which remains unrecognized by other States since its declaration of independence in 1991 (The Economist, 2015). Despite fulfilling the conditions set out by the Montevideo Convention, such as having a population, a defined territory and a government exercising effective control over its territory, Somaliland is unable to exercise the legal rights accorded to a State as part of the international community and unable to enter into international relations.
What the Somalia and Somaliland example illustrates is the considerable contradictions that continue to exist in international law. While territorial control is one of the necessary conditions in the formation of a new state, it is clear that it is only one amongst other key criteria. Despite the Montevideo Convention and its development of norms and conditions in the context of statehood, there appears to be limitations in the legal doctrine and questions remain as to whether statehood is a notion that can be determined objectively or conceived abstractly by the international community. It is clear at least in the case of Somaliland, that while effective control over its territory has made it a de facto state, that does not necessarily translate into recognition as a de jure state.
Reference:
Why Somaliland is not a recognised state. (2015, November 1). The Economist. http://www.economist.com/blogs/economist-explains/2015/11/economist-explains
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