Based on the international law and the Convention of Montevideo in 1933 everybody can set up a micronation, if he has own plots, an own government, citizens and official contacts to other nations, minimum to declare the set up of a micronation by writing to the United Nations. Thats the fact.

Micronations should be distinguished from statelets clear their territory although is extremely small, but has all the characteristics of a true state by international law and recognized by other states. Closer lying would be the comparison with the atypical subjects of international law. Holy Chair, Sovereign Military Order of Malta or the International Committee of the Red Cross, which is also lacking in the requirements for a state. However, these are internationally recognized by all or at least a majority of states.

More problematic is the distinction to structures such as the stabilized de facto regime. These are officially recognized or not by only a few countries as a state, and the presence of state characteristics is disputed normally. Micronations have usually but not nearly on their size and population, or at least not in a position, an equivalent level of effective control (state power) exercise.

The new structure requires either a legally unclear area or claiming independence by secession from an existing state. Characteristic of many micronation projects is telling of uninhabited islands and atolls of other recognized states to their own territory. Possession of territories intended to emphasize the legitimacy of the claim as a state. For the same reason most micronations have a flag, anthem or decorations and give passports, stamps and coins out. Some micronations who raise territorial claims, thus have greater notoriety gained such. As the Hutt River Province (a farm in Western Australia, which has been declared by Australia for independent and a free Principality), Freetown Christiania in Copenhagen, Sealand (a former naval fortress against the British East coast in the North Sea) or the Conch Republic (Key West in Florida).

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