INTERNATIONAL LAW AND THE CONCEPT OF STATE RECOGNITION
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ABSTRACT
State recognition is one of the oldest practices in international relations and one of the most contentious issues in international law. Since the middle ages, political groups have interacted as sovereign, territorial nations governed by an established set of laws. Consequently, determining which entity is to be recognized as a state subject to these norms has been a fundamental aspect of international relations. Consequently, it is one of the most often debated themes in international law literature. This dissertation examines the legal basis for the practice of the notion of state recognition in international law in connection to the actual provisions of important international and regional constitutive documents and the actions of the international community. In light of this, the primary purpose of this dissertation is to identify the adequacy or otherwise of the existing international regimes on the practice of state recognition (if any), and then to propose solutions to the identified gaps in order to bring about an effective practice in accordance with the provisions of the constitutive instruments. In the context of this study, the researcher discovered that there is a lack of universal criteria for the practice of state recognition across international regimes, such as the requirements of the United Nations, the Montevideo Convention, and the European Union. In light of this, the researcher recommended that there be a single and universally agreed manner of state recognition practice in order to enhance international collaboration, which would go a long way toward reducing conflicts in international law. Utilizing primary and secondary sources of information, such as relevant text materials, legislation (including international agreements), judicial authorities, journal articles, and online resources, a doctrinal technique of data acquisition has been employed.
CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background to the Study
The term’recognition’ refers to the act by which a person or organization acknowledges to
the being or being of another person, thing, or condition. The Committees
The idea is defined by the Twentieth Century Dictionary as a symbol, token, or indicator of.
Recognition of a substance or a condition in respect to a nation-state.1
State recognition is one of the oldest practices in international relations, as well as one of the most important.
Political communities are the most complicated ideas in international law since the Middle Ages.
have interacted as sovereign, territorial nations in accordance with a recognized system
about rules. The entity to be recognized as a state subject to these regulations must be identified.
Thus, it has been a fundamental component of international relations. Consequently, it is among the most
frequent issues covered in international legal literature.
2
Statehood confers international legal identity and ties an entity together.
conforms to the norms set by international law in its dealings with
different nations and populations. In addition, it makes the entity eligible to engage into contracts.
Treaties and alliances with foreign nations, and participation in the growth and
application of international law Most significantly, acknowledgement is a confirmation of an
the entity’s claim to territorial sovereignty and integrity and its right to use coercive force
governing authority inside this area
Chambers Twentieth Dictionary, 1 & A Constable Ltd., p. 1128 in McDonald, A.M.
2 Secession, Statehood, and Recognition: Princeton University PDF accessible at http://psujja.files.wordpress.com/2012/04/secession.final.pdf. Maraina O. Secession, Statehood, and Recognition: Princeton University PDF available at http://psujja.files.wordpress.com/2012/04/ Accessible on February 27, 2013
1
Statehood is desired for political bodies due to the associated rights and powers.
In order to achieve such a status, it is expected that each new state would adhere to certain standards.
The rule of international law necessitates the inclusion of as many competent political figures as possible.
As many entities as feasible, so far as this will serve peace and stability objectives.
3
While in accordance with the above, the 1933 Monte Video Convention established a
tentative effort to formalize explicit descriptive statehood criteria:
(1) Population Permanente
(2) Establish territory
(3) Government capable of controlling the area
(4) Capability to willingly get into a relationship with another state
These four conditions describe a state, and probably any entity, together.
A state-in-waiting that satisfied these characteristics would be recognized as inherently independent.
state according to international law.
Nonetheless, the current practice of recognition is not in accordance.
with the aforementioned requirements. In accordance with the current recognition, an entity is regarded as a
state to the degree that another state recognized it as one, as new state cannot exert sovereignty over a recognized state.
right and duty against states that do not acknowledge it. For example, considering
if we apply the Montevideo criterion for statehood to the situation of Palestine, we find that
Clearly, Palestine should be regarded a state and also be recognized, as it has already been.
A functional representation of a permanent population contained inside a delimited region
3 Erticle 3 of Monte video Convention (1933)
INTERNATIONAL LAW AND THE CONCEPT OF STATE RECOGNITION
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