2. Now or Never: Your Own Nation in 30 Days
- Mike Miller
- 5 days ago
- 14 min read
A radical step-by-step guide for visionaries, renegades, and freedom seekers
📘 Chapter 5:
State Demise and Transformation – State Succession
🏛️ What happens when a state disappears?
States are not laws of nature – they emerge, change, and can perish. When a state ceases to exist or undergoes fundamental change, this is referred to in international law as state succession. The question is: What happens to the rights, duties, treaties, assets, and debts of the old state?
🔄 Forms of State Demise and Transformation
🧨 Dismemberment – The Collapse
A state completely disintegrates into several new states. The original state ceases to exist.
Example | Description |
Soviet Union (1991) | Collapse into 15 successor states; Russia took over the UN seat |
Czechoslovakia (1993) | Division into the Czech Republic and Slovakia – both new states |
⚠️ In the case of dismemberment, no "rump state" remains – all successors are new subjects of international law.
🔗 Fusion – The Merger
Two or more states merge to form a new state. The old states lose their international legal identity.
Example | Description |
Tanzania (1964) | Merger of Tanganyika and Zanzibar |
Yemen (1990) | Unification of North and South Yemen |
🧠 Fusion is rare – it requires political unity and legal restructuring.
🧭 Incorporation – The Accession
A state joins an existing state and loses its own international legal identity. The acceding state continues to exist.
Example | Description |
GDR → FRG (1990) | Accession of the GDR to the Federal Republic of Germany – no new foundation |
Austria → German Reich (1938) | Unlawful incorporation through annexation |
📌 Incorporation is legally permissible if voluntary and contractually regulated – otherwise, it is a violation of international law.
⚖️ Legal Consequences of State Succession
📜 Treaties
Treaty Type | Transfer upon Succession? |
Territorial Treaties | Yes – automatically (e.g., border treaties) |
Personal Treaties | No – must be renegotiated |
Multilateral Treaties | Disputed – often the "Clean Slate" principle |
🧠 Former colonies often invoke the tabula rasa principle – no automatic treaty succession.
💰 Assets and Archives
State assets are usually divided proportionally.
Archives are handed over if they are relevant for administration.
Special regulations for cultural property and strategic resources.
💸 State Debts
Principle: Debts are transferred proportionally to successor states.
Exception: "Dettes odieuses" – debts incurred for oppressive purposes do not have to be assumed.
Example | Assessment |
Iraq (2003) | Debts from the Saddam era were partially not assumed |
Yugoslavia (1990s) | Complex division among successor states |
📘 Vienna Conventions on State Succession
Convention | Content | Status |
VC on Treaties (1978) | Rules on treaty succession | Low ratification (23 states) |
VC on Assets, Archives, Debts (1983) | Rules on the division of state resources | Not in force |
⚠️ In practice, succession issues are usually settled bilaterally – the conventions only provide a framework.
✅ Conclusion: States come and go – but their obligations remain
Area | Regulation in International Law | Practice / Peculiarities |
Treaties | Clean Slate vs. automatic transfer | Politically motivated selection is often common |
Assets | Proportional division | Point of contention for resources and cultural goods |
Debts | Assumption or rejection | "Odious debts" as a moral argument |
Identity | New vs. continuing | Russia as the legal successor to the USSR |
Anyone founding a new state must not only shape the future – but also legally process the past.
🌐 Part IV:
Special Territories and New Challenges in International Law
📘 Chapter 6:
The High Seas – Freedom and Responsibility
The high seas are the largest contiguous area on Earth – and belong to no one. They are a global common good, open to all states, but also demand shared responsibility. Their legal framework is regulated in the United Nations Convention on the Law of the Sea (UNCLOS) – the "constitution of the oceans."
🌊 UNCLOS – The Legal Order of the Seas
The United Nations Convention on the Law of the Sea (UNCLOS) of 1982 entered into force in 1994 and has been ratified by over 160 states. It regulates:
The delimitation of maritime zones
The rights and duties of coastal and landlocked states
The protection of the marine environment
The use of resources on and under the seabed
📍 Maritime Zones according to UNCLOS
Zone | Extent from Coastline | Rights of the Coastal State |
Territorial Sea | up to 12 nautical miles | Full sovereignty |
Contiguous Zone | up to 24 nautical miles | "Control over customs, immigration, health" |
Exclusive Economic Zone (EEZ) | up to 200 nautical miles | Exclusive rights to resources |
Continental Shelf | up to 350 nautical miles | Rights to seabed resources |
High Seas | beyond the EEZ | Common good – freedom for all states |
🧭 The high seas begin where national sovereign rights end – and global responsibility begins.
🐟 Rights and Duties on the High Seas
UNCLOS guarantees certain freedoms – but also duties:
✅ Freedoms
Navigation
Overflight
Laying of submarine cables and pipelines
Construction of artificial islands
Fishing
Scientific research
⚠️ Duties
Protection of the marine environment
Combating piracy
Control over ships under one's own flag
Cooperation in rescue and safety
📌 States must ensure that their ships comply with international rules – even on the high seas.
🌱 Environmental Protection on the High Seas
The marine environment is sensitive – and threatened by overfishing, pollution, and climate change. UNCLOS obliges all states to conserve and use it sustainably.
🧼 Supplementary Agreements
Agreement | Content |
MARPOL | Prohibition of pollution from ships |
London Convention | Prohibition of dumping waste at sea |
BBNJ Agreement (2023) | Protection of biodiversity beyond national jurisdiction |
🧠 The high seas are not a lawless space – but an ecological system of responsibility.
⛏️ Fishing and Seabed Resources
🐠 Fishing
Permitted for all states
Must be sustainable and compliant with regulations
Regional fisheries agreements regulate fishing quotas and protection measures
🪨 Seabed
The seabed beyond national zones is considered the "common heritage of mankind"
Administered by the International Seabed Authority (ISA)
Regulates deep-sea mining, licensing, and environmental protection
⚖️ States cannot simply exploit resources – they must observe global rules.
✅ Conclusion: The High Seas are free – but not lawless
Area | Rights / Freedoms | Duties / Restrictions |
Navigation | Free for all states | Compliance with safety and environmental standards |
Fishing | "Permitted, but regulated" | "Sustainability, protection of endangered species" |
Research | "Open, but subject to notification" | "Cooperation, environmental protection" |
Seabed | Use through licensing | "ISA control, protection of deep-sea ecosystems" |
Anyone who wants to found a state or assert maritime claims must know – and respect – UNCLOS. Because on the high seas, it is not power that counts, but law.
📘 Chapter 7:
Space Law – The Final Frontier of International Law
🚀 Space:
boundless, but not lawless
Space is not a lawless realm. Since the beginning of space travel, international law has regulated what states are allowed to do there – and what they are not. The central treaty is the Outer Space Treaty of 1967, also known as the "Magna Carta of Space Law."
📜 Outer Space Treaty 1967 – Basic Principles
The "Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies" entered into force in 1967 and has been ratified by over 110 states.
🔑 Core Principles
Principle | Meaning |
Freedom of Space | Outer space is open to all states – no exclusive rights |
Non-appropriation | No state may appropriate parts of outer space or celestial bodies |
Peaceful Use | Outer space is reserved for peaceful purposes |
State Responsibility | States are liable for all activities – including those of private actors |
International Cooperation | States should assist in emergencies and exchange information |
🧠 The Outer Space Treaty is a cooperation treaty – not a property right.
⚖️ Liability and Registration
💥 Liability
States are indefinitely liable for damage caused by their space objects
Applies to damage on Earth, in airspace, and in outer space
Example: Kosmos 954 (1978) – Soviet satellite crashes over Canada → compensation
🛰️ Registration
States must register their space objects
Regulated in the Registration Convention (1975)
Goal: Transparency, identifiability, accountability
📌 Whoever launches, is liable – and must report.
⛏️ Space Mining – Property in a vacuum?
The Outer Space Treaty prohibits the appropriation of celestial bodies – but does not explicitly forbid the mining of resources. This leads to legal gray areas.
🪨 Current Developments
State / Law | Content |
USA (2015) | Space Act allows private ownership of mined resources |
Luxembourg (2017) | Law to promote space mining |
International Law Assessment | Disputed – contradicts the non-appropriation principle of the treaty |
⚠️ Ownership of resources ≠ ownership of the celestial body – but the line is blurry.
🧹 Space Debris and STM – Order in Orbit
🧼 Space Debris
Over 30,000 objects in orbit – many of them non-functional
Danger to satellites, space stations, and missions
No binding rules for debris mitigation or removal
📡 STM (Space Traffic Management)
Concept for regulating space traffic
Goal: Safety, coordination, collision avoidance
No internationally binding standards yet
🧠 Orbit is becoming a highway – but without traffic rules.
🎯 Dual-Use Problem – Civil or Military?
Almost all space technologies have a "dual-use" potential – they can be used for both civil and military purposes.
⚔️ Examples
GPS: Navigation for civilians and military
Satellites: Communication, reconnaissance, targeting
Laser and anti-satellite weapons: potential threat
📌 The Outer Space Treaty prohibits weapons in orbit – but not all military activities.
✅ Conclusion: Space is open – but not unregulated
Area | Rights / Freedoms | Duties / Restrictions |
Use | Open to all states | "Peaceful, cooperative, transparent" |
Liability | Unlimited state liability | "Registration duty, compensation for damages" |
Resources | "Mining possible, ownership disputed" | No appropriation of celestial bodies |
Debris / Traffic | No binding rules | Discussion on STM and debris mitigation |
Military Use | "Dual-use permitted, weapons prohibited" | No arms control in space |
Anyone founding a state – or a space station – must know space law. Because even beyond the atmosphere, law comes before power.
📘 Chapter 8:
Polar Regions – Arctic and Antarctic: Different Legal Regimes
❄️ The Poles:
commonly cold, legally fundamentally different
The Arctic and Antarctic are two of the last great wildernesses on Earth – and at the same time, geopolitically highly relevant. But while the Antarctic is pacified by an international treaty system, the Arctic is increasingly becoming a stage for strategic interests.
🧊 Antarctica – A Continent for Peace and Science
Antarctica is an ice-covered continent with no permanent population. Its legal status is governed by the Antarctic Treaty System.
📜 The Antarctic Treaty (1961)
Principle | Meaning |
Peaceful Use | Military activities are prohibited |
Scientific Freedom | Research is permitted and should be coordinated |
Territorial Claims | "Existing claims are 'frozen,' new ones are excluded" |
Environmental Protection | Strict rules through the Environmental Protection Protocol (1994) |
📌 Antarctica is a model for international cooperation – and a protected area for science.
🌱 Environmental Protection Protocol
Prohibition of heavy fuel oil transport
Duty to conduct environmental impact assessments
Protection of sensitive ecosystems and species
🧠 Antarctica is not a lawless space – but an ecologically regulated special area.
🧭 Arctic – Melting Ice, Rising Interests
The Arctic is not a continent, but an ocean surrounded by eight states. Its legal framework is based on UNCLOS and regional cooperation.
📘 UNCLOS in the Arctic
Coastal states have EEZ and continental shelf rights
States can claim an extended seabed
International shipping remains permitted – e.g., the Northeast Passage
⚠️ Climate change is making the Arctic accessible – and geopolitically contested.
🧑🤝🧑 The Arctic Council (1996)
Member States | Function |
"Canada, Denmark, Finland, Iceland, Norway, Russia, Sweden, USA" | Forum for sustainable development and environmental protection |
Observer States | "e.g., Germany, China, India" |
Indigenous Organizations | Right to participate in decisions |
📌 The Arctic Council is not an international legal body – but an important coordination forum.
🛢️ Resources and Shipping Routes
🪨 Resources
Oil, gas, rare earths under the seabed
Fish stocks in changing ecosystems
UNCLOS regulates use – but conflicts are pre-programmed
🚢 Shipping Routes
Northeast Passage and Northwest Passage are becoming ice-free
Strategically relevant for trade and military
International rules for safety and environmental protection are necessary
⚠️ The Arctic is not the Antarctic – here, national claims and economic interests apply.
✅ Conclusion: Two Poles – Two Worlds
Region | Legal Regime | Use / Conflict Potential |
Antarctica | Antarctic Treaty + Environmental Protection Protocol | "Peaceful, scientific, cooperative" |
Arctic | UNCLOS + Arctic Council | "Resource-oriented, strategically contested" |
Anyone who wants to found a state or assert polar claims must know the differences – and respect the rules. Because in the end, it's not who claims the loudest that counts, but who acts in a legally sound manner.
📘 Chapter 9:
International Waterways – Rivers, Canals, and Straits
🌊 Waterways:
Lifelines of the World
International waterways are of central importance for trade, transport, and resource management. They connect states, cross borders, and require international legal regulations that balance sovereignty and cooperation.
🏞️ 9.1 International Rivers – Equitable Use and Cooperation
Many rivers cross several states – and thus represent a common resource. International law regulates their use under the principle of "equitable and reasonable utilization."
⚖️ Basic Principles
Principle | Meaning |
Equitable Use | All riparian states have a right to use – proportionally and fairly |
Prevention of Significant Harm | States must not unreasonably disadvantage others |
Duty to Inform | States must inform about planned measures |
🧑🔬 River Commissions
Institutions for technical and political coordination
Example: Mekong River Commission, Danube Commission
Goal: Conflict prevention, sustainable use, data management
📌 Rivers are not one-way streets – but multilateral systems.
🚢 9.2 International Canals – Artificial Connections of Global Importance
Artificial waterways like the Suez Canal, the Panama Canal, and the Kiel Canal are strategically indispensable – and subject to special international legal regulation.
🌍 Suez Canal
Convention of Constantinople (1888): Free transit for all ships
Egypt may refuse passage for defense reasons
Nationalized in 1956 – trigger of the Suez Crisis
🌎 Panama Canal
Originally under US control (1903–1999)
Torrijos-Carter Treaties (1977): Handover to Panama, guarantee of neutrality
Today under Panamanian administration
🇩🇪 Kiel Canal
Most frequented artificial waterway in the world
Article 380 of the Treaty of Versailles: Open to all peaceful nations
Under German administration, but internationalized
🧠 Canals are national infrastructure with international responsibility.
🌐 9.3 Straits – Transit Passage and Sovereignty
Straits connect two parts of the high seas or EEZ and are indispensable for international shipping. UNCLOS regulates their use through the right of transit passage.
🚢 Transit Passage (UNCLOS Art. 38)
Feature | Meaning |
Uninterrupted Transit | Ships and aircraft may pass without delay |
No Prior Authorization | States may not refuse passage |
Safety Measures | Coastal states may enact rules for safety and environmental protection |
🧭 Examples of Straits
Strait | Significance |
Strait of Hormuz | Connection between the Persian Gulf and the Arabian Sea |
Bosporus and Dardanelles | Access to the Black Sea |
Strait of Gibraltar | Connection between the Atlantic and the Mediterranean |
⚠️ Straits are legally sensitive zones in international law – between global interest and national control.
✅ Conclusion: Waterways are bridges – not borders
Type | Legal Regime | Peculiarities / Examples |
Rivers | "Equitable use, cooperation" | "Danube, Nile, Mekong" |
Canals | Contractually internationalized | "Suez, Panama, Kiel Canal" |
Straits | Transit passage according to UNCLOS | "Hormuz, Gibraltar, Bosporus" |
Anyone who founds a state or has access to waterways must know: water connects – but only if the rules are clear.
📘 Chapter 10:
Exterritoriality and Special Status – When Territories are "Different"
🧭 What is Exterritoriality?
Exterritoriality refers to the special legal status of certain places, institutions, or objects where normal territorial sovereignty is restricted or suspended. It is not about "foreign territory," but about functional exceptions to the territorial principle.
🏛️ 10.1 Diplomatic Premises – Immunity, not Property
Diplomatic missions such as embassies and consulates enjoy special protection – regulated by the Vienna Conventions on Diplomatic and Consular Relations (VCDR/VCCR).
📜 Basic Principles (VCDR 1961)
Area of Protection | Meaning |
Inviolability of the Premises | "No search, seizure, or entry without consent" |
Immunity of Diplomats | No criminal prosecution by the host state |
Protection of Archives | Documents are protected at all times – even outside the embassy |
⚠️ Exterritoriality is a myth – embassies remain part of the host state, but are subject to special rules.
🧠 Special Cases
Julian Assange in the Ecuadorian Embassy: No right of asylum, but protection from access
Children of Diplomats: Immunity only for official conduct
🪖 10.2 Military Bases – Foreign Troops, Foreign Law?
Military bases abroad are subject to complex regulations – usually through bilateral treaties or multilateral agreements like the NATO Status of Forces Agreement (SOFA).
📘 NATO Status of Forces Agreement (SOFA)
Regulation | Meaning |
Jurisdiction | The host state has primary criminal jurisdiction – the sending state can claim exceptions |
Tax Exemption | Troops are exempt from local taxes |
Import Regulations | Customs exemption for military material |
🧰 Host Nation Support (HNS)
Support from the host state: infrastructure, logistics, supply
Regulated by treaty – e.g., through stationing agreements
📌 Military bases are not "mini-states" – but legally shielded.
🧭 Examples
Ramstein Air Base (Germany): US base with special status
Okinawa (Japan): US presence with local protests and legal tensions
🧪 10.3 Special Cases – When International Law Meets Curiosities
🛢️ Oil Platforms
Often located outside national sovereignty
UNCLOS regulates use, safety, and environmental protection
No exterritoriality – but functional special rules
✈️ Airplane Toilets
Aircraft are subject to the law of the flag state
Crimes on board are considered committed in the territory of the registered state
Example: Birth or murder on an airplane → legal jurisdiction according to registration
🏴 Micronations
Self-proclaimed "states" without international legal recognition
Examples:
Sealand (platform in the North Sea)
Liberland (between Croatia and Serbia)
Molossia (USA, Nevada)
Feature | Assessment |
State Territory | Mostly minimal or symbolic |
State Population | "Family, friends, online community" |
State Power | "Decorative, not effective" |
International Relations | "No recognition, no treaties" |
🧠 Micronations are creative experiments – but not subjects of international law.
✅ Conclusion: Exterritoriality is rare – but fascinating
Area | Legal Status | |
Diplomatic Premises | "Immunity, no exterritoriality" | "VCDR, protection from access" |
Military Bases | "Regulated by treaty, limited jurisdiction" | "NATO-SOFA, HNS" |
Special Cases | "Functional special rules, no statehood" | "UNCLOS, air law, micronations" |
Anyone who wants to found a state can dream of exterritoriality – but should rely on legally sound foundations.
🏴 Overview of Micronations – Creative States without Recognition
Micronations are self-proclaimed "states" that usually arise from protest, art, satire, or personal passion. They often fulfill individual criteria of statehood – but none are recognized under international law.
📊 Comparison of Selected Micronations
Name | Founding Year | Location / Territory | Peculiarities | International Law Status |
Sealand | 1967 | Offshore platform (North Sea) | "Own flag, passports, constitution" | Not recognized |
Liberland | 2015 | "No man's land (Danube, HR/RS)" | "Claiming terra nullius, libertarian ideology" | Not recognized |
Molossia | 1977 | "Nevada, USA" | "Humorous monarchy, own currency" | Not recognized |
Hutt River | 1970–2020 | Western Australia | Tax protest against the Australian government | Dissolved |
Ladonia | 1996 | Southern Sweden (nature reserve) | Art project with its own government | Not recognized |
🧠 Micronations are legally not states – but culturally and creatively often very vibrant.
🪖 Example: Structure of a Stationing Agreement (Host Nation Support)
A stationing agreement regulates the presence of foreign armed forces on the territory of a host state. It is usually based on the NATO Status of Forces Agreement (SOFA) and is supplemented by bilateral agreements.
📘 Model Structure of a Stationing Agreement
STATIONING AGREEMENT between State X and State Y
Preamble
Purpose of the agreement
Reference to existing treaties (e.g., NATO-SOFA)
Article 1 – Definitions
Terms such as "forces," "facilities," "host state," "sending state"
Article 2 – Permissible Activities
Military exercises, logistics, infrastructure
Article 3 – Jurisdiction
Criminal jurisdiction: primarily host state, exceptions for sending state
Article 4 – Tax and Customs Regulations
Tax exemption for forces, customs exemption for material
Article 5 – Environmental Protection and Safety
Compliance with national standards, liability for damages
Article 6 – Duration and Termination
Term, extension, termination modalities
Article 7 – Dispute Settlement
Consultation mechanisms, arbitration procedures
Signatures
Representatives of both states
📌 Such an agreement is not a free pass – but a finely balanced set of rules between sovereignty and cooperation.
🧰 Starter Pack for State Founders
How to found a state – classic, experimental, or symbolic
🧭 1. Basic Requirements: What makes a state?
According to the Montevideo Convention (1933), a state needs:
Criterion | Meaning |
State Territory | A clearly defined territory with effective control |
State Population | A permanent population with a legal bond to the state |
State Power | A functioning government with enforcement capability |
Foreign Relations | Capacity to establish diplomatic relations |
📌 These criteria are necessary – but not sufficient for international recognition.
🪪 2. Classic Paths to State Founding
🧨 Secession – Separation from an existing state
Only legitimate in cases of the most severe human rights violations (Remedial Secession)
Examples: Kosovo, Bangladesh
Internationally controversial, politically risky
📜 Succession – Contractual assumption of sovereign rights
Through bilateral agreement or international mediation
Examples: South Sudan, Czechoslovakia
Legally stable, but politically complex
⚠️ Both paths require diplomatic negotiations and international acceptance.
🧪 3. Experimental Models: Micronations & Special Territories
🏴 Found a Micronation
Symbolic state founding with its own flag, constitution, currency
No international legal status, but cultural and media impact
Examples: Sealand, Liberland, Molossia
🧭 Self-government or Special Status
Use of existing legal loopholes or special regulations
Examples: Autonomous zones, free trade zones, exterritorial facilities
Goal: de facto self-determination without formal statehood
🧠 Creativity is no substitute for recognition – but it can generate attention.
🧨 4. Opportunistic Models: Collapse, Bankruptcy, No Man's Land
🏚️ Exploit State Bankruptcy or Dismemberment
Preparation for the collapse of a state (e.g., through war, debt, dissolution)
Example: Soviet Union → Russia, Ukraine, etc.
Opportunity to found a successor state or to control territory
🏜️ Occupy No Man's Land
Terra nullius hardly exists today – but there are border strips without clear sovereignty
Example: Bir Tawil (between Egypt and Sudan)
Internationally questionable, but symbolically usable
📌 Those who are prepared can be capable of acting in a moment of crisis.
🪖 5. Use Special Rights: Stationing Rights & Exterritoriality
🛡️ Stationing Rights
Establishment of a military or civil base with special status
Regulated by treaty with an existing state
Example: Ramstein Air Base (USA in Germany)
🏛️ Exterritoriality
Use of diplomatic immunity or functional special zones
Example: Embassies, consulates, international organizations
Not a separate state, but legally shielded
🧠 Special rights are no substitute for statehood – but strategic tools.
🧑⚖️ 6. International Legal Capacity as a Person or Organization
👤 Natural Person
Founding of an association, foundation, or NGO with an international focus
Registration with international organizations (e.g., ECOSOC, UN-NGO-Branch)
Building diplomatic networks and participating in conferences
🏢 Organization
Use of soft power: culture, science, environmental protection
Building a "quasi-state" with administration, symbolism, and public presence
Example: virtual states, digital nations, blockchain-based governance
📌 Capacity to act arises from visibility, structure, and legal clarity.
✅ Step-by-Step Plan for State Founding
Develop a concept: Name, constitution, government, population
Secure territory: legally, symbolically, or contractually
Build a legal structure: Nationality, institutions, administration
International communication: Website, diplomacy, media presence
Seek recognition: Bilateral talks, NGO status, UN contacts
Act in conformity with the law: Renunciation of violence, human rights, transparency
Long-term strategy: Sustainability, cooperation, realism
