The law on statehood and state recognition is aptly captured in the Montevideo Convention on the Rights and Duties of States, 1933. The Convention lists the criterion for the achievement of Statehood, which includes the requirement of a permanent population, a well-defined territory, a stable government, and the ability to enter relations with other states. This article argues that despite entities satisfying the criteria of statehood under the Montevideo Convention, the issue of state recognition remains a major legal hurdle to be crossed towards the ultimate realization of a people’s right to self-determination. It is contended that to achieve statehood, state recognition must be granted by the international community of states and given the difficulty, the exercise of the right to self-determination has been greatly hindered therefore making the right to self-determination nothing more than empty rhetoric. The article begins by introducing the concept of state recognition and statehood before embarking on a critical analysis of the practice of state recognition and statehood. The article then shifts focus to the nexus between statehood and state recognition through the lenses of the right to self-determination and secession. The next part focuses on the effect of the non-recognition of entities as states and how it acts to the exclusion of admission of the entities that have duly qualified for statehood under the Montevideo Convention to the international community of states. By providing practical case studies on the practice of state recognition in respect of the states of Somaliland, South Sudan and Eritrea, the Article concludes that the criterion under the Montevideo Convention is grossly ignorant of the existing practice of state recognition, especially by failing to expressly address the legal existence of a state.
Inhaltsverzeichnis (Table of Contents)
- 1.0 INTRODUCTION
- 2.0 THE CONCEPT OF STATE RECOGNITION AND STATEHOOD
- 2.1 CONCEPTUAL FRAMEWORK ON STATE RECOGNITION AND STATEHOOD
- 2.1.1 Definition of Statehood
- 2.1.2 Definition of State Recognition
- 2.2 THEORETICAL FRAMEWORK ON STATE RECOGNITION AND STATEHOOD
- 2.3 LEGAL FRAMEWORK ON STATE RECOGNITION AND STATEHOOD
- 2.3.1 The Montevideo Convention on the Rights and Duties of States, 1933
- 2.3.2 Charter of the United Nations, 1945
- 2.3.3 African Charter on Human and Peoples' Rights, 1981
- 2.1 CONCEPTUAL FRAMEWORK ON STATE RECOGNITION AND STATEHOOD
- 3.0 THE PRACTICE OF STATE RECOGNITION AND STATEHOOD
- 3.1 STATE RECOGNITION AS A REQUIREMENT FOR ATTAINMENT OF STATEHOOD
- 3.2 STATE RECOGNITION AS A REQUIREMENT FOR ADMISSION TO THE INTERNATIONAL COMMUNITY OF STATES
- 3.3 A CRITICAL ANALYSIS ON THE PRACTICE OF STATE RECOGNITION
- 4.0 SOMALILAND
- 4.1 CONSENT OF THE PARENT STATE AS A REQUIREMENT FOR STATE RECOGNITION
- 4.1.1 Contextual Background
- 4.1.2 State Recognition of Somaliland
- 4.1.3 Analysis of the Right to Self-Determination
- 4.2 SOUTH SUDAN
- 4.2.1 Contextual Background
- 4.2.2 State Recognition of South Sudan
- 4.2.3 Analysis of the Right to Self-Determination
- 4.3 ERITREA
- 4.3.1 Contextual Background
- 4.3.2 State Recognition of Eritrea
- 4.3.3 Analysis of the Right to Self-Determination
- 4.1 CONSENT OF THE PARENT STATE AS A REQUIREMENT FOR STATE RECOGNITION
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
The article aims to critically analyze the practice of state recognition, arguing that while the Montevideo Convention outlines criteria for statehood, state recognition remains a significant hurdle to self-determination. It examines the disconnect between the legal criteria for statehood and the political realities of recognition.
- The relationship between statehood and state recognition
- The role of state recognition in the exercise of self-determination
- The impact of non-recognition on entities seeking admission to the international community
- Case studies of Somaliland, South Sudan, and Eritrea
- The significance of parent-state consent and territorial integrity in the recognition process
Zusammenfassung der Kapitel (Chapter Summaries)
1.0 INTRODUCTION: This introductory chapter sets the stage by establishing the central argument: that while the Montevideo Convention provides criteria for statehood, the practice of state recognition is a political act that can exclude entities from the international community even if they meet those criteria. The authors highlight the inconsistency and incoherence of state recognition practices, using examples like the delayed recognition of China and North Korea to illustrate the point. The chapter concludes by outlining the article's structure and methodology, emphasizing the case studies of Somaliland, South Sudan, and Eritrea which will be used to support their analysis.
2.0 THE CONCEPT OF STATE RECOGNITION AND STATEHOOD: This chapter lays the theoretical groundwork by defining statehood and state recognition. It examines the four criteria for statehood outlined in the Montevideo Convention (permanent population, defined territory, stable government, capacity to enter relations with other states) and discusses how these criteria intersect with the practice of state recognition. The chapter also briefly explores theoretical and legal frameworks relevant to the topic, including the role of the United Nations Charter and the African Charter on Human and Peoples' Rights.
3.0 THE PRACTICE OF STATE RECOGNITION AND STATEHOOD: This chapter analyzes the practical application of state recognition, focusing on its role in achieving statehood and admission into the international community. It critically examines the existing practice of state recognition, highlighting the inconsistencies and the limitations of the Montevideo Convention in addressing the legal existence of a state. The chapter prepares the ground for the detailed case studies that follow.
4.0 SOMALILAND, 4.2 SOUTH SUDAN, 4.3 ERITREA: These sections delve into detailed case studies of Somaliland, South Sudan, and Eritrea. Each case study will examine the historical context of each entity's emergence, the process of state recognition (or lack thereof), and the implications for the exercise of self-determination. The analysis will focus on the complexities surrounding parent-state consent and the principle of uti possidetis juris and how they interact with the practice of state recognition in relation to self-determination and secession.
Schlüsselwörter (Keywords)
State recognition, statehood, self-determination, secession, Montevideo Convention, international law, Somaliland, South Sudan, Eritrea, uti possidetis juris, parent-state consent, international community of states, exclusionary mechanisms.
Frequently Asked Questions: A Comprehensive Language Preview on State Recognition and Statehood
What is the main topic of this language preview?
This preview covers the complex relationship between statehood and state recognition, focusing on how the practice of state recognition can hinder or facilitate the self-determination of entities seeking admission to the international community. It critically analyzes the disconnect between legal criteria for statehood (as defined in the Montevideo Convention) and the political realities of state recognition.
What are the key themes explored in the preview?
The preview explores several key themes, including the relationship between statehood and state recognition; the role of state recognition in self-determination; the impact of non-recognition on entities; case studies of Somaliland, South Sudan, and Eritrea; and the significance of parent-state consent and territorial integrity in the recognition process.
What is the structure of the language preview?
The preview is structured into four main chapters: an introduction setting the stage and outlining the central argument; a chapter defining statehood and state recognition and exploring relevant legal frameworks; a chapter analyzing the practice of state recognition; and finally, detailed case studies of Somaliland, South Sudan, and Eritrea, examining their paths to (or lack of) state recognition.
What legal frameworks are discussed in the preview?
The preview examines the Montevideo Convention on the Rights and Duties of States (1933), the Charter of the United Nations (1945), and the African Charter on Human and Peoples' Rights (1981) as key legal frameworks relevant to understanding statehood and state recognition.
What case studies are included, and what aspects are analyzed?
The preview includes detailed case studies of Somaliland, South Sudan, and Eritrea. For each, it analyzes the historical context of their emergence, the process of state recognition (or lack thereof), and the implications for their self-determination. The analysis focuses on the complexities of parent-state consent and the principle of uti possidetis juris in relation to state recognition.
What is the central argument of the language preview?
The central argument is that while the Montevideo Convention sets out clear criteria for statehood, the practice of state recognition is a political act that can arbitrarily exclude entities from the international community even if they fulfill those criteria. This creates an inconsistency and incoherence in the international system.
What are the key takeaways from the chapter summaries?
The chapter summaries highlight the political nature of state recognition, the inconsistencies between legal definitions and practice, and the importance of understanding the historical and political contexts within which state recognition decisions are made. The case studies emphasize the complexities faced by entities seeking recognition and the implications for self-determination.
What are the keywords associated with this language preview?
Key words include: State recognition, statehood, self-determination, secession, Montevideo Convention, international law, Somaliland, South Sudan, Eritrea, uti possidetis juris, parent-state consent, international community of states, exclusionary mechanisms.
What is the overall objective of this language preview?
The objective is to provide a critical analysis of the practice of state recognition, demonstrating its complexities and highlighting the challenges faced by entities seeking international recognition, even when fulfilling legal criteria for statehood. The case studies aim to illustrate the political realities that often overshadow legal frameworks.
- Quote paper
- Brian Khisa (Author), Hussain Roba (Author), 2022, Analysing the Practice of State Recognition as an Exclusionary Mechanism from the International Community of States, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/1418810