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How to create a state on Earth or in outer space

How to create a state on Earth or in outer space

Among numerous political and social events, as well as FIFA World Cup matches, the news about the birth of a new state went almost unnoticed. And this is no mean state, as it exists in the outer space!

For the time being, the space territory of Asgardia is quite small – it’s only 3 kilograms in weight and 10 cm3 in volume, as this is the size of the mini-satellite which has been orbiting the Earth since December 2017. Despite its minute size it carries a proud name derived from Asgard – the realm of Nordic gods.  

The satellite contains names of 200 thousand people who registered as Asgardia’s citizens, which makes this state the 172nd most populous country/dependent territory in the World, between Samoa (a sovereign state with 194 thousand citizens) and Mayotte (an insular department of France with 246 thousand citizens). The largest number of Asgardians currently live in Istanbul (17 thousand people).

A real state?

The satellite resembling a small cube is, according to the founder of Asgardia Igor Ashurbeyli – a businessman of Azeri origin, only a modest beginning of Asgardian statehood. The plans are much more ambitious. Asgardia is going to ensure free access to outer space, protect the Earth against extraterrestrial dangers and provide conditions for peaceful scientific progress. According to Asgardia.space, the long-term goals include the construction of living quarters in interplanetary space, as well as establishment of inhabitable colonies on the Moon.

At the moment, the government of Asgardia is preoccupied with gaining international recognition of its independence and becoming a member of the United Nations. To achieve this goal – as declared by the founding fathers – ‘universal space law and “astropolitics have to replace international space law and geopolitics.’ For the time being, Asgardia has to struggle with the existing international regulations, the most important of which are the Montevideo Convention of 1933, which provides a definition of an independent state, and the Outer Space Treaty of 1967, which prohibits the national appropriation of outer space.

The Montevideo Convention states that ‘the state as a person of international law should possess the following qualifications: a ) a permanent population; b ) a defined territory; c ) government; and d) capacity to enter into relations with the other states.’ The last item can be interpreted as being recognised as a state by other states. Even if Asgardia can be acknowledged as a state with its own government and population (albeit not living in its territory), meeting other criteria faces serious legal obstacles. Experts are baffled as to whether all rules traditionally regulating the existence of a state can be applied to the Asgardia project. Can an uninhabited space station be the only territory of a self-described state? Is the section from the Outer Space Treaty stating that a state controls the object it launched to outer space applicable to Asgardia? If so, couldn’t the Asgardian government make a deal with, for instance, one of the so-called banana republics, which would accept Asgardia’s secession after the “spaceship” is launched from its territory? And what if Asgardia reached outer space from one of the countries that haven’t signed the Outer Space Treaty, e.g. from Zimbabwe.

Statehood laboratory

Asgardia is an example of a micronation. To be independent, have power, oppose the existing governments, manifest one’s autonomy, or simply have good fun – these are the most common motivations underlying various, often very curious, ideas for creating new small states.

Of course, micronations differ from generally recognised states. They are also distinct from other quasi-state entities. Their real demand for independence makes them different from fictional states (like Lilliput or Atlantis) or virtual states (online simulations of statehood, such as the Polish Dreamland). On the other hand, they are less significant than unrecognised or partially recognised states, such as Sahrawi (Western Sahara), which controls a desert area between Morocco and Mauretania and is recognised by fewer than 50 UN members.  

Micronations are usually unrecognised by all (or almost all) countries and major international organisations. As stated in Wikipedia, ‘(...) micronations' activities are almost always trivial enough to be ignored rather than challenged by the established nations whose territory they claim.’ Yet, in some respects, micronations, at least superficially, resemble “true” states – they have their own governments and constitutions, as well as flags, emblems and national anthems. They issue stamps and coins as well as form embryonic administration, defence forces, and border control (e.g. issuing passports). Finally, although many micronations are based on brand new ideas, some of them have their roots in historic events and territorial changes.

A mini-catalogue of micronations

Liberland is a serious micronation, as compared to others. Its authorities can boast of 400 thousands citizens, which makes it the most populous micronation in the world. It was founded in 2015, when Vit Jedlička, a libertarian political activist, declared independence of a strip of land on Serbian-Croatian border. The 7-square-kilometre area on Danube river bank has, at least according to its founder, a peculiar legal status – Croatia considers it part of Serbia, whereas Serbia doesn’t want to accept it as part of its territory. Hence, it can be considered terra nullis – a no man’s land. Unfortunately, citizens of Liberland have serious troubles with entering their own country, as they are prevented to do so by the Croatian police.

Poland has also been involved in the Liberland controversy. In July 2016 seven MPs from Kukiz’15 movement (which considers itself anti-establishment) officially asked the then foreign affairs minister Witold Waszczykowski if Poland is going to recognise Liberland’s independence. The answer was negative, as – according to the minister – Liberland did not meet the legal criteria for statehood.

Liberland website

The Murrawari Republic was established in 2013 by one of Aborigine communities in Australia. The Murrawari people have questioned the legitimacy of the annexation of their tribal lands by Great Britain, which was succeeded by the Australian state. They claim that the areas incorporated by the British Empire weren’t actually a no man’s land, which would give captain James Cook the right to take them over. Will members of other Aborigine tribes (there are several hundred of them in Australia) follow the Murrawari example?

The area of the republic covers about 82 km2. The micronation is located at the border of Australian states of New South Wales and Queensland, about 600 kilometres from the Australian coast. Although the Murrawari have sent the declaration of independence to Queen Elizabeth II, as well as Australian authorities at both state and federal level, they received no response. Apart from the struggle for recognition of its independence, the micronation has to face another major challenge: drought.

Murrawari Republic website

Atlantium is another statehood experiment within Australian borders (actually, this is where the largest number of micronations were born). The state was established in 1981 as a prank made by three teenage cousins. In the late 1990s it was restored by one of its founders, who named himself Emperor George II (it remains unclear who George I was).

Atlantium has two capitals – an urban one in the emperor’s apartment in the outskirts of Sydney and a rural one in Concordia, south-west of the metropolis. In a video (available below) the state founder describes the geography of his empire, beyond whose borders is another country - Australia.

Atlantium aspires to become a global power, claiming – in contrast to Murrawari – that the days of ethnic states are numbered and the world needs to embrace supranational ideas, such as pluralism, liberalism, secularism, social democracy, and “republican monarchy” (sic!).

Atlantium website

British West Florida is a state which doesn’t accept the US annexation of part of the lands on the Gulf of Mexico in the 19th century. Yet, it doesn’t support their reunification with the United Kingdom, but considers itself an independent nation, a member of the Commonwealth of Nations, under the protectorate of Queen Elizabeth II (like Australia or some Caribbean countries).

West Florida embraces a conservative ideology, which includes commitment to tradition, family values, and respect towards monarchic rule. 2005-2006 can be considered the golden age of this micronation, which is related, among other things, to the winning of six medals at the Intermicronational Olympic Games in Moonshine Republic.

British West Florida website  

Melchizedek is a state whose territory changes depending on the extent to which the police and the military are keeping tabs on its founders. In 1990 the American citizen Mark Pebley proclaimed the independence of Melchizedek on the Columbian island of Malpelo. Then he moved his state to the Karitane Shoal (Pacific Ocean), where land isn’t covered by the sea only several hours a day. His next choice was the French island of Clipperton. At the moment, according to its official website, the Dominion of Melchizedek, lies on the uninhabited atoll of Bokak (also known as Taongi), which is part of Marshall Islands located 700 kilometres from its capital Majuro. Isolated from other atolls and inhabited islands, Bokak really lies at the edge of the world.

In the meantime, this mobile country, which took its name after a biblical character from the Book of Genesis, has made claims to some parts of the Antarctic and encouraged secession of the island of Rotuma, which belongs to Fiji.

The whole turmoil has been related to shady business hiding behind this pseudo-state, which includes issuing higher education diplomas, passports and cheques. Melchizedek is also involved in criminal cyber-banking, illegal transactions, and loan offers. The people who have fallen victim to these activities include the brother of the incumbent President of Portugal, who lost 35 thousand dollars which were to guarantee a loan in a Melchizedek bank.

Melchizedek is linked to EnnenKio, another hub of financial crime.

Melchizedek website   

Article about the criminal activity of Melchizedek

Original text by Piotr Żabicki at www.nauka.uj.edu.pl

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