THE CONCEPT OF STATE RECOGNITION UNDER INTERNATIONAL LAW


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TABLE OF CONTENTS

Title Page
Table of Cases
Table of Statutes
Abstract
Table of Contents

CHAPTER ONE: GENERAL INTRODUCTION
1.1       Background to the Study
1.2       Statement of the Problem
1.3       Aim and Objectives
1.4       Scope of the Research
1.5       Justification of the study
1.6       Literature Review
1.7       Research Methodology
1.8       Organizational Layout

CHAPTER TWO: CONCEPTUAL CLARIFICATIONS OF KEY TERMS
2.1       Introduction
2.3       The Meaning of International Personality
2.4       Meaning, Nature and Scope of the Concept of State Recognition in International Law
2.5       Concept of State and Sovereignty in International Law

CHAPTER THREE: STATE RECOGNITION IN EARLY INTERNATIONAL LAW
3.1       Introduction
3.2       Statehood in early international law
3.3       Some Aspects of State Practice in Early International Law
3.4       Recognition and statehood in Early International Law
3.4.1    The early view of recognition
3.4.2    Positivism and Recognition in Early International Law
3.4.3    Different Modes of Recognition of States under International Law
3.4.4    De Facto and De Jure Recognition
3.4.5    Premature Recognition
3.4.6    Implied Recognition
3.4.7    Conditional Recognition
3.4.8    Collective Recognition
3.5       Recognition of Governments
3.6       Withdrawal of Recognition
3.7       Non- Recognition
3.8       Legal Consequences of Recognition
3.9       Statehood in 19th Century International Law
3.10     Theories of Recognition of States in Modern International Law
3.10.1  The constitutive theory
3.10.2  The declaratory theory

CHAPTER FOUR: AN ANALYSIS OF THE PRACTICE OFSTATE RECOGNITION IN INTERNATIONAL LAW
4.1       The Legal Framework for Recognition of Statehood in International Law
4.2       International Instruments for State Recognition
4.3       Regional instruments on State Recognition
4.4       Domestic Instruments on State Recognition
4.5       An Analysis of the Practice of State Recognition in International Law
4.5.1    Position of the Republic of China (ROC)
4.5.2    International Recognition of Abkhazia and South Ossetia
4.5.3    Kosovo's Declaration of Independence
4.5.4    The Newly Independent State of South Sudan
4.6       Other Countries Struggling To Be Granted State Recognition under Current International Legal Order
4.7       Issues and Challenges of State Recognition in International Law

CHAPTER FIVE: SUMMARY, AND CONCLUSION
5.1       Summary
5.2       Findings
5.3       Recommendations
            Bibliography



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.





CHAPTER ONE

GENERAL INTRODUCTION

1.1             Background to the Study

The term ―recognition‖ implies a process whereby a person or an entity admits to

the existence or the being of another person, entity or state of affairs. The Chambers Twentieth Century Dictionary defines the concept as a sign, token or indication of acknowledgment of a thing or a state of being in relation to nation state.1

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.2

Recognition of statehood grants an entity international legal personality and binds it to comfort it according to the rules established by international law in its relations with other states and peoples. At the same time, it makes the entity eligible to enter into treaties and alliances with other states as well as to participate in the development and enforcement of international law. Most importantly recognition is an affirmation of an entity‘s right to territorial sovereignty and integrity and its right to exercise coercive jurisdiction within this territory.....


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