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Criteria 1
Both parties must possess international legal personality
Criteria 2
Both parties must intend to act under international law
Criteria 3
Agreement between the parties
Criteria 4
Intention to create legal obligations, not just moral
Argument for criteria 1
1835 Declaration of Independence suggests Maori claim to international legal personality
Argument for criteria 3
Tensions between English and Maori versions questions whether there was a genuine agreement