Our Legal Basis


Although it's common to think that there's something "just not kosher" about the validity of a micronation that thinks it's serious, or even that it's illegal, this is only because most people don not know even the basics of international law. We present the following definitive Statements below, which we believe should make all this fairly evident:


NOTES:

UDHR: Taken from Universal Declaration of Human Rights
UDRP: Taken from Universal Declaration of the Rights of Peoples


UDHR Article 2

Everyone is entitled to the same rights without distinction, and no distinction shall be made on the basis of the political jurisdictional, or international status of a country or territory to which a person belongs.

UDHR Article 13

Everyone has the right to freedom of movement and residence within the borders of each state. Everyone also has the right to leave any country, including his own, and to return to his country.

UDHR Article 15

Everyone has the right to a nationality, and no one shall be arbitrarily deprived of his nationality, nor denied the right to change his nationality.

UDHR Article 17

Everyone has the right to own property alone, as well as in association with others, and no one shall be arbitrarily deprived of his property.

UDHR Article 18

Everyone has the right to freedom of thought, conscience, and religion.

UDHR Article 21

Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

UDRP Article 2

A people have the right to their historical abode, where they can implement their right to self-determination and other rights.

UDRP Article 3

A people have the inalienable right to sovereignty over the natural wealth and resources of their territory.

UDRP Article 4

A people have the right to self-determination. Any norm contradicting the right to self-determination is illegal, including the principle of territorial integrity of states.

UDRP Article 5

The right to self-determination includes the right to create one's own state.

UDRP Article 7

The vast majority of peoples have Diasporas. Hence the right of a people to form worldwide representative bodies naturally follows. No state may oppose it, given that belonging to the citizenship of a state, does not exclude belonging to a certain people.

UDRP Article 11

A people have a right to their own culture, language, and customs.

UDRP Article 15

A people have a right to ecological security, and survival of their environment.

To all the above, we add the following from the Montevideo Convention of 1939, a Declaration from the United Nations Organzation. TorHavn subscribes to this Convention, but especially the following statement:

Article III:

The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit, to legislate upon its interests, administer its services, and to define the jurisdiction and competence of its courts.

The exercise of these rights has no other limitation than the exercise of the rights of other states according to international law.



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