Analysing the Practice of State Recognition as an Exclusionary Mechanism from the International Community of States (PDF)

Essay from the year 2022 in the subject Politics - Topic: Public International Law and Human Rights, , language: English, abstract: 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.