A case has been commenced by Somalia in the International Court of Justice seeking to fix that country's maritime boundary with Kenya. It remains at
an early stage, but I'm a little intrigued that it has gotten off the ground at all. Somalia is usually considered the archetypal 'failed state', and for it to commence litigation seems not unlike legal action taking place at the instigation of a deregistered company (or, at least, a company under external administration. Cf
Corporations Act 2001 (Austl.)
§440D and
§601AD.
If some States may be so comprehensively wrecked that they should not be considered to have legal standing, how should this be assessed? Mexico, for instance, has been considered to be
a borderline-defunct state. Might the test be whether the country has any sort of functioning public administration or a
non-kleptarchic court system? Or is there another test that would work?
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