The INTERNATIONAL LEGAL PERSONALITY OF VIRTUAL MICRONATIONS

A LOOK AT THE REQUIREMENTS OF THE 1933 MONTEVIDEO CONVENTION

Abstract

Faced with the diffusion of the so-called “virtual micronations”, the present study proposes the following question: can countries with a uniquely virtual territory have a recognized international legal personality? In order to answer this question, the determination of the operating logic of these entities were traced; the investigation of the requirements set out by the Montevideo Convention of 1933 regarding the State as a subject of International Law; and the analysis of the possibilities of international recognition of virtual nations based on the adaptation of the territoriality criterion set out in the document. Methodologically, a theoretical and qualitative research was produced, made possible by the use of bibliographic and documentary studies as investigation techniques. In the end, it was concluded that virtual micronations fail to adapt to the traditional requirements of the Montevideo Convention. It was noticed, however, that such inadequacy sheds light on the need to repair the currently ingrained concept of State within the scope of International Law, especially in the face of the transformations provided by technological evolution.