CASO ISOLA DELLE ROSE – AUTODETERMINAÇÃO E ANÁLISE JURÍDICO CONSTITUTIVA DE UM POSSÍVEL NOVO ESTADO

Abstract

This paper analyzes the possibility of the existence of the so-called State of the Isle of Roses, a small artificial iron island built off the coast of Rimini, Italy. To this end, a bibliographical survey is carried out to delimit the concept of State and its elements in political science, constitutional law and international law, with the aim of verifying the existence of these elements in the case studied, in order to assess the existence of the State of the Repubblica dell'Isola delle Rose. While the possible exercise of self determination by the inhabitants of the island is analyzed, analogous cases of self determination are examined to verify the legality of such circumstances, demonstrating the normative evolution at international level. The possibility of the existence of the state in question is also verified on the basis of the rule of international law that sheds light on the case and establishes the constituent elements of a state, namely the Montevideo Convention.