Állam és metaverzum Liberland létjogosultságának alkotmányjogi kérdései /
In my thesis, I examine based on the Montevideo Convention’s concept of state, whether Liberland, established on the banks of the Danube in an area of 7 km2 wedged between Serbia and Croatia, can be considered a state. Since Liberland was created in terra nullius territory and its proclamation was...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
Szegedi Tudományegyetem Állam- és Jogtudományi Kar
Szeged
2023
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| Sorozat: | Acta Universitatis Szegediensis : forum : publicationes discipulorum iurisprudentiae
4 |
| Kulcsszavak: | Liberland - alkotmányjog |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/82222 |
| Tartalmi kivonat: | In my thesis, I examine based on the Montevideo Convention’s concept of state, whether Liberland, established on the banks of the Danube in an area of 7 km2 wedged between Serbia and Croatia, can be considered a state. Since Liberland was created in terra nullius territory and its proclamation was prompted by the Serb-Croat border dispute along the Danube, I will address the question of the origin of the border dispute and the extent to which this question determines the existence of Liberland and, more generally, the extent to which the existence of a state depends on the recognition of other states. I will present the literature on the origin and recognition of states and compare the concept and legal ‚struggles’ of Liberland and other micro-nations seeking recognition. Using Liberland’s draft constitution, I will examine its imagined form of state and government, the conditions for its viability, and the legitimacy of the status of the ‚founding’ president. Liberland’s realisation is intended by its founder to extend – in parallel with the real, physical space – to the meta-space (i.e., to the virtual space, which in many respects also behaves like a state). In the second part of my thesis, I will therefore briefly describe this project, followed by an overview of the origins and conceptual definition of the metaverse(s). I will explain why the study of this issue has become topical and what trends suggest that the technology giants that create metaverse spaces are beginning to exercise state functions and the powers that these imply. I will then examine the applicability of the Montevideo Convention’s statehood criteria to metaverse states, i.e., whether it is possible to create a metaverse state in the legal sense, whether it makes sense and is relevant in the present, or whether it is possible in the future. In conclusion, I will briefly discuss the applicability of other concepts of states to metaverse states and conclude the paper by attempting to create a concept of a state of my own that can be applied to both states in physical space and metaverse states. This is necessary because it is easy to imagine that in the coming decades, through metaverse states, technological giants will exert such power that the need to redefine the concept of the state will no longer be such a remote and theoretical question. |
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| Terjedelem/Fizikai jellemzők: | 493-523 |
| ISSN: | 2560-2802 |