THE CONCEPT OF STATE RECOGNITION UNDER INTERNATIONAL LAW

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Keywords: THE CONCEPT OF STATE RECOGNITION UNDER INTERNATIONAL LAW

ABSTRACT
State recognition is one of the oldest practice in international relations, and one of the
most vexed concepts in international law since the middle ages, political communities
have interacted with each other as sovereign, territorial states under an accepted system
of rules. Determining which entity is to be recognized as state subject to these rules has
hence been a basic component of international relations. As such, it is one of the most
common discussed topics in the international law literatures. The main aim of this
dissertation is to examine the legal framework for the practice of the concept of state
recognition in international law in relation to the existing provisions of relevant
international and regional constitutive instruments on one hand and the activities of the
international community on the other hand. In view of this the main objective of this
dissertation is to identify the adequacy or otherwise of the existing international regimes
on the practice of state recognition (if any) and subsequently to proffer solutions to the
lacunas identified so as to bring about an efficient practice in accordance with the
provisions of the constitutive instruments. In the cause of this research the findings of the
researcher is that lack of uniform criteria for the practice of state recognition among the
international regimes, for example, the provisions of the U.N., the Montevideo
Convention and E.U. are at variance. Therefore, in the light of this, the researcher
concluded by recommending that there should be a singular and uniformly accepted
mode of practice of state recognition so as to foster international cooperation which will
go along way to reduce controversies in international jurisprudence. Doctrinal method of
acquiring data has been adopted, using primary and secondary sources of information
such as relevant text materials, statutes (including international instruments), judicial
authorities, articles in journal publications and internet materials.

TABLE OF CONTENTS
Title Page – – – – – – – – – – i
Declaration – – – – – – – – – – ii
Certification – – – – – – – – – – iii
Dedication – – – – – – – – – – iv
Acknowledgements – – – – – – – – – v
Table of Cases – – – – – – – – – vii
Table of Statutes – – – – – – – – – ix
Abstract – – – – – – – – – – x
Table of Contents – – – – – – – – – – xi
CHAPTER ONE: GENERAL INTRODUCTION
1.1 Background to the Study – – – – – – – 1
1.2 Statement of the Problem – – – – – – – 3
1.3 Aim and Objectives – – – – – – – – 5
1.4 Scope of the Research – – – – – – – 6
1.5 Justification of the study – – – – – – – 6
1.6 Literature Review – – – – – – – – 7
1.7 Research Methodology – – – – – – – 10
1.8 Organizational Layout – – – – – – – 11
CHAPTER TWO: CONCEPTUAL CLARIFICATIONS OF KEY TERMS
2.1 Introduction – – – – – – – – – 1
2.3 The Meaning of International Personality- – – – – 14
2.4 Meaning, Nature and Scope of the Concept of State Recognition in
International Law – – – – – – – – 15
2.5 Concept of State and Sovereignty in International Law – – – 16
xii
CHAPTER THREE: STATE RECOGNITION IN EARLY INTERNATIONAL
LAW
3.1 Introduction – – – – – – – – – 22
3.2 Statehood in early international law – – – – – 24
3.3 Some Aspects of State Practice in Early International Law – – 28
3.4 Recognition and statehood in Early International Law – – – 31
3.4.1 The early view of recognition – – – – – – 31
3.4.2 Positivism and Recognition in Early International Law – – – 32
3.4.3 Different Modes of Recognition of States under International Law – 33
3.4.4 De Facto and De Jure Recognition – – – – – 36
3.4.5 Premature Recognition – – – – – – – 38
3.4.6 Implied Recognition- – – – – – – – 38
3.4.7 Conditional Recognition – – – – – – – 39
3.4.8 Collective Recognition – – – – – – – 39
3.5 Recognition of Governments – – – – – – 40
3.6 Withdrawal of Recognition – – – – – – 41
3.7 Non- Recognition – – – – – – – – 41
3.8 Legal Consequences of Recognition – – – – – 43
3.9 Statehood in 19th Century International Law — – – – 46
3.10 Theories of Recognition of States in Modern International Law – 54
3.10.1 The constitutive theory – – – – – – – 54
3.10.2 The declaratory theory – – – – – – – 58
CHAPTER FOUR: AN ANALYSIS OF THE PRACTICE OFSTATE
RECOGNITION IN INTERNATIONAL LAW
4.1 The Legal Framework for Recognition of Statehood in International Law- 62
4.2 International Instruments for State Recognition – – – – 62
4.3 Regional instruments on State Recognition – – – – 66
4.4 Domestic Instruments on State Recognition – – – – 67
xiii
4.5 An Analysis of the Practice of State Recognition in International Law – 68
4.5.1 Position of the Republic of China (ROC) – – – – – 68
4.5.2 International Recognition of Abkhazia and South Ossetia – – 74
4.5.3 Kosovo’s Declaration of Independence – – – – – 75
4.5.4 The Newly Independent State of South Sudan – – – – 75
4.6 Other Countries Struggling To Be Granted State Recognition under
Current International Legal Order – – – – – – 75
4.7 Issues and Challenges of State Recognition in International Law- – 77
CHAPTER FIVE: SUMMARY, AND CONCLUSION
5.1 Summary – – – – – – – – – 80
5.2 Findings – – – – – – – – – 81
5.3 Recommendations – – – – – – – – 82
Bibliography – – – – – – – – – 85

Keywords: THE CONCEPT OF STATE RECOGNITION UNDER INTERNATIONAL LAW

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Keywords: THE CONCEPT OF STATE RECOGNITION UNDER INTERNATIONAL LAW

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