Sunday 5 April 2015

Integrity Of Nation State Claim

Integrity and legitimacy are fluid realms of stature. And, it is for the general public to determine when a territorial claim shall have recognition by authentic settled subjects of other nation states.

Thus, within this day, how is a founding group of Peoples to establish a government?
And, where do we -as outside observers- evaluate respect for a nation state claim that is rooted through terrorism or military might, rather than through the peaceful assembly of a settled Peoples over time.
To establish and maintain any right in law it is necessary to stand up to be seen; speak out to be heard; and, to be resolute in standing firm upon the territory upon which one claims to ascertain any form of law and order within a determined jurisdiction. And, any dispute of land title becomes a test of the social order; namely, is there an agreed upon forum or court for enforceable resolution. Fairness is not to be presumed; as one may be a peaceful settler; but, the opponent may be a hostile, resolute party, who may choose to exercise domination through aggression and violence.
In order to establish and maintain a peaceful social contract there is the mandatory choice in governance to enforce a certain, defined decorum of law. And, within, this governance model there is the necessity to make choices that are not universally regarded as being just and fair. Hence, conflict and its resolution is ingrained into the very fundamental fabric of any environment where people choose to settle on a mostly permanent basis; and, thus, to protect the settler citizens who continue to occupy this said territory.
Comparative status decisions arising from customary and traditional  laws in conjunction with the arising envelope of international laws; in particular, as with those as are evident from the United Nations - International Law Commission re Treaties : customary laws.