The L.A.W. of the Empire of Morocco

State Continuity State Succession Empire of Morocco (Ancient) Kingdom of Morocco Sultan King Moorish Government Arab Government Treaties: Treaties: Peace & Friendship 1786 & 1836 ? ? ? Madrid Convention 1880 ? ? ? Act of Algeciras ? ? ? RIGHT OF PROTECTION IN MOROCCO JULY 3, 1880 ARTICLE. 15 Any subject of Morocco who has been naturalized in a foreign country, and who shall return to Morocco, shall after having remained for a length of time equal to that which shall have been regularly necessary for him to obtain such naturalization, choose between entire submission to the laws of the Empire and the obligation to quit Morocco, unless it shall be proved that his naturalization in a foreign country was obtained with the consent of the Government of Morocco. 2 Distinct Legal Personalities Is the ancient Empire of Morocco a Continuity State per Int’l law? Is the contemporary Kingdom of Morocco a Succession State per Int’l law? State Continuity in the Absence of Government: The Underlying Rationale in International Law PDF I. Morocco: Continuity vs. Succession A. Two Distinct Legal Personalities Ancient Entity: Empire of Morocco Sultan Moorish Government Treaties: Peace & Friendship Treaties (1786 & 1836) Madrid Convention (1880) Act of Algeciras Contemporary Entity: Kingdom of Morocco King Arab Government Treaties: (Unspecified / “? ? ?”) B. Right of Protection in Morocco (Madrid Convention, 1880, Article 15) Any subject of Morocco naturalized abroad must either: Submit fully to the laws of the Empire, or Leave Morocco, unless the foreign naturalization was obtained with Moroccan government consent. C. Key Questions Is the Empire of Morocco a continuity state under international law? Is the Kingdom of Morocco a succession state? II. State Continuity in the Absence of Government (Yejoon Rim) A. Montevideo Convention (1933) — Traditional Criteria for Statehood Permanent population Defined territory Government Capacity for international relations These are the constitutive elements used to define a state. B. Traditional Understanding Statehood is tied to effectiveness. Government is the central indicator of effectiveness. Loss of any constitutive element was traditionally assumed to cause state extinction. C. Problem Identified Practice shows a state can continue legally even without a functioning government. III. Somalia as the Challenge to Traditional Doctrine A. Somalia’s Period of Total Absence of Government Collapse of Siad Barre government (1991) No central government until at least 2000 (TNG), possibly 2004–2006 (TFG) A decade-long interregnum No authority capable of external representation B. Why Somalia Contradicts Traditional Doctrine Somalia remained a state because: Its territory was not treated as terra nullius Somali nationality remained valid Borders remained recognized UN seat remained Sovereignty was respected Somaliland’s independence was not recognized This shows government absence does not automatically terminate statehood. IV. Government as a Constitutive vs. Continuative Element A. Government’s Role Internal: administrative and political institution External: agent representing the state internationally Performs rights and duties of the state B. Problem If government is a constitutive element, its disappearance should end the state — but Somalia proves this is not true. V. Need to Distinguish Constitutive vs. Continuative Elements A. Constitutive Elements Needed to create a state: Population Territory Government B. Continuative Elements Needed for an existing state to continue: Legal personality International recognition Vested rights and obligations The people entitled to reconstruct a government C. Why the Distinction Matters Existing states have legal status that may offset the absence of constitutive elements. Statehood is not purely factual; it is also legal. International law supports continuity even when effectiveness collapses. VI. International Law’s Support for State Continuity A. State as a Legal Fact A state continues as long as: The people entitled to reconstruct the government remain Legal personality is preserved B. International Law Favors Continuity Prohibition on use of force Protection of sovereignty Non-recognition of illegal annexation Support for territorial integrity A failed state remains a state under international law. VII. Core Thesis of the Article A state may continue to exist even without a government, as long as the people entitled to reconstruct it remain and international law preserves its legal personality.