Is Sealand a Real Country? The Answer Might Surprise You

Is Sealand a Real Country? The Legal Case Will Surprise You

By Prince Liam of Sealand

I often hear the same pushbacks about Sealand: “It’s not a real country,” “It’s man-made, so it can’t be a country,” or “It’s inside British waters.”

Give me five minutes of your time, and I’ll break down exactly why those assumptions are wrong, and give every Sealander the facts to confidently explain our sovereignty to anyone who doubts it.

The Quick Facts:  Why Sealand Qualifies as a Country

• Sealand meets the Montevideo test: we have people, territory, government, and foreign relations.
• Our claim predates both the UK’s 1987 water extension and UNCLOS 1982, so those laws don’t apply.
• Courts and conduct prove it: a 1968 UK ruling placed Sealand outside British jurisdiction, a German diplomat flew to Sealand in 1978, and Sealand passports have been used in multiple countries, including the UK and USA.
• Man-made doesn’t mean illegitimate: Venice, a man made city built on wooden piles in a lagoon, was an independent sovereign state for over 1,000 years.

These points summarise what we’ll unpack next, because understanding what makes a country is simpler than most people think.

What Makes a Country?

There are two ways international law defines sovereignty:

• Recognition theory: other states recognise you: acceptance is political.
• Declarative theory: meet the Montevideo criteria: you are a state.

The Montevideo Criteria (1933):

1. Permanent population – Sealand has been continuously inhabited since 1967.
2. Defined territory: our fortress and surrounding waters.
3. Government: ruled by the Bates family since 1967.
4. Capacity for relations with other states: proven by the 1978 German diplomat visit.

By every measure, Sealand fits the declarative theory, meaning that by law, it is a sovereign state. Our lack of recognition is purely political.

Clarifications That Matter

• No minimum size or population is required.
• Territory does not have to be naturally formed.
• Recognition is not required to exist. This declarative approach is the same one used across the UN to understand what qualifies as a state, even though membership and diplomacy are political decisions.

The Case for Sealand’s Sovereignty

Lawful Origin
In 1967, my grandfather Roy Bates declared the Principality of Sealand on Roughs Tower, a  WWII fortress standing beyond Britain’s then 3-mile territorial limit. Abandoned since the 1950s, it was terra nullius, or no man’s land. Under customary international law, that made it open to lawful occupation. He raised our flag, declared independence, wrote a constitution, and began continuous habitation,  the foundation of a sovereign state.

The Governing Law in 1967
At that time, there was no international rule prohibiting new states being formed offshore. The law of the day was customary international law, which recognised occupation and effective control as valid grounds for sovereignty over unclaimed territory. Sealand met both, and has maintained them ever since.

We’ve covered the legal foundation of Sealand’s claim, now let’s look at the evidence.

Over the years, our sovereignty hasn’t just existed in theory; it’s been tested, challenged, and upheld in courts, diplomacy, and practice. Here’s the proof:

1. 1968 UK court: outside British jurisdiction
   When the UK tried to prosecute my family after my father fired warning shots from Sealand, a judge dismissed the case because Sealand lay beyond UK territorial waters. That decision has never been overturned and remains a cornerstone: UK law did not apply on Sealand.
2. Why UNCLOS82 doesn’t apply
   Article 60 says: artificial islands, installations and structures do not possess the status of islands. However, our sovereignty was established 27 years before UNCLOS came into force, so according to Article 28 of the Vienna Convention on the Law of Treaties, (which forbids retroactive application of treaties), customary law applies, thereby safeguarding our sovereignty. 
3. Territorial waters reality
   Under 1967 norms, a sovereign entity could claim 3 nm. Sealand did so while the fortress was outside UK waters. When the UK extended to 12 nm in 1987 (20 years later), we extended a month prior. In such cases, a median line is drawn between the two claims; it doesn’t extinguish prior sovereignty. We can see an example of this in the fact that Singapore wasn’t suddenly engulfed by Malaysia.

1. Customary law protects established sovereignty
   Once lawfully asserted and maintained, sovereignty is not undone by later treaties or unilateral extensions. That is why Sealand’s claim remains legally intact today.
2. Proof in practice

• 1968 UK court: Found Sealand to be outside of UK jurisdiction.
• 1978 German diplomat: flew to Sealand to negotiate a prisoner’s release. That is capacity for relations and de facto recognition.
• Passports & correspondence: our passports have been used and stamped in Belgium, the Netherlands, the UK, and the US. We have also corresponded with other governments over the years. These are concrete, well documented forms of international engagement.
• The Principle at Stake
  Sealand has governed itself for almost 60 years, living the realities of international law. As affirmed in Article 1(2) of the UN Charter, peoples have the right to self-determination and Sealand is that principle in practice: free, peaceful, and independent.
  

The Venice Precedent: History Proves Man-Made States Can Be Real

When people argue that Sealand can’t be a real country because it’s an artificial structure, history itself disagrees.

Venice was not founded on land or an island, it was built by hand into the sea, a fully man-made city constructed on sandbanks with millions of wooden piles. This artificial structure was one of history’s most enduring sovereign states, independent for over 1,000 years. Its artificial construction never diminished its legitimacy.

The same applies to the Netherlands, where 30% of the of the country is reclaimed from the sea and the city of Amsterdam rests on more than 11 million wooden piles, driven by the Dutch into the Sea to create artificial land. If such engineered foundations underpin two of Europe’s greatest cities, man-made territory clearly holds equal legitimacy in law and practice and has done for over 1,500 years.

Bottom Line 

• Is Sealand a real country? Yes. By the Montevideo criteria and customary law, Sealand is without doubt a country.
• Does UNCLOS 1982 (extension of UK waters) void Sealand? No. It came later and cannot retroactively strip prior sovereignty.
• What recognition exists? Formal recognition is political. De facto recognition includes the 1968 UK jurisdiction ruling and the 1978 German diplomatic visit, alongside stamped passports and state correspondence.
• Why it matters: Sealand is a living case study in how sovereignty works in law and practice. We meet the test and have endured.

Today, our independence extends far beyond the fortress itself. Millions of Sealanders around the world, E-Citizens, Nobles, and supporters are already part of our global community.

If you believe in freedom and the right to choose your own future, join us.
Become a Sealand e-citizen and help build the world’s most unique country. 

E Mare Libertas

Prince Liam of Sealand

FAQ

• Is Sealand a real country? Yes. Sealand satisfies Montevideo’s four criteria and has been continuously inhabited and governed since 1967.
• Does UNCLOS stop Sealand from being a state? No. Sealand’s claim predates UNCLOS; the convention does not retroactively invalidate earlier sovereignty.
• Has any country engaged with Sealand? Yes. A UK court held Sealand outside UK jurisdiction in 1968; a German diplomat negotiated on Sealand in 1978; our passports have been stamped in multiple countries.