Lecture on Government of States and Recognition under International Law
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• States are the primary subjects of international law.
• A state must meet the Montevideo Convention (1933) criteria:
1. Permanent population
2. Defined territory
3. Government
4. Capacity to enter into relations with other states
Today we focus on government and the related concept of recognition of states.
II. Government of States under International Law
1. Definition
• The government is the agency through which the will of the State is expressed and its
sovereignty is exercised.
• It represents the state in international relations.
2. Forms of Government
• Unitary or Federal – centralized vs. decentralized power.
• Democratic, Authoritarian, or Hybrid – based on how authority is derived.
*International law is neutral as to form; what matters is effectiveness.
3. Principle of Effectiveness
- For international law, it is not the legality of the government under domestic law that matters,
but whether the government is effective (i.e., it controls the territory and population).
Example: Recognition of revolutionary governments often hinges on their actual control
III. Recognition of States and Governments
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• Recognition is the formal acknowledgment by one state that another entity possesses the
qualifications of statehood or government under international law.
[Link] of Recognition
• Recognition of States – Acknowledging the legal personality of a new state.
• Recognition of Governments – Acknowledging that a particular regime is the legitimate
authority of a state.
[Link] of Recognition
• Constitutive Theory: A state exists only when recognized by others.
• Declaratory Theory: A state exists once it fulfills the Montevideo criteria, regardless of
recognition. (This is the prevailing view today.)
[Link] of Recognition
• De jure Recognition – Full and final recognition of a state/government.
• De facto Recognition – Temporary or provisional recognition, usually when stability is
uncertain.
IV. Criteria and Practice of Recognition
1. Recognition of States usually follows:
• Secession (e.g., South Sudan 2011)
• Dissolution of states (e.g., former Yugoslavia republics)
• Decolonization (e.g., many African and Asian states in the 20th century)
2. Recognition of Governments
• Depends on whether the government is:
• Effective (controls the territory and population), and
• Willing to fulfill international obligations.
• Example: U.S. policy toward recognizing revolutionary governments varies by case.
V. Non-Recognition Doctrine
• Stimson Doctrine (1932): No recognition for territorial acquisitions made by force.
• Now part of customary international law:
• UN Charter Article 2(4): Prohibition of the use of force.
• UN Security Council resolutions often call upon states not to recognize illegal situations (e.g.,
Russia’s annexation of Crimea).
VI. Effects of Recognition
1. Establishes diplomatic relations and treaty capacity.
2. Recognized states may join international organizations (e.g., UN).
3. Provides access to international courts and tribunals.
VII. Contemporary Issues
• Taiwan – functions as a state but lacks widespread recognition due to China’s opposition.
• Palestine – recognized by many states, observer status in the UN.
• Kosovo – recognized by over 100 states but not universally.
• Taliban Government in Afghanistan (2021–present) – effective control but limited recognition
due to human rights concerns. ⸻
VIII. Conclusion
• Government is the core element of statehood because it ensures sovereignty and
representation.
• Recognition is a political act with legal consequences.
• While the Declaratory Theory is dominant, in practice, recognition (or non-recognition) shapes
the international personality and survival of states.
Rights of States under International Law States are the primary subjects of international law
and enjoy rights and duties inherent to sovereignty.
The Montevideo Convention (1933) affirms that states have legal personality once they meet
the criteria of population, territory, government, and capacity to enter into relations. These
rights are recognized in customary international law, treaties, and jurisprudence.
II. Fundamental Rights of States
[Link] to Independence and Sovereignty
• Every state has the right to exist and govern itself without outside interference.
• Classic Example: Nicaragua v. United States (ICJ, 1986) – the ICJ held that the U.S.
violated Nicaragua’s sovereignty by supporting armed groups and mining its harbors.
[Link] to Equality of States
• All states are legally equal regardless of size, wealth, or power.
• UN Charter, Art. 2(1) enshrines “sovereign equality.”
• Classic Example: In the League of Nations and United Nations General Assembly, small
states like Luxembourg or Fiji have equal voting power as large states like the U.S. or China.
[Link] to Territorial Integrity
• States have the right to defend their borders against annexation or aggression.
• Classic Example: The invasion of Kuwait by Iraq (1990). The UN condemned Iraq’s
annexation and upheld Kuwait’s territorial integrity, leading to the Gulf War.
[Link] to Political Independence
• States can freely choose their government and political system.
• Classic Example: During the Cold War, both the U.S. and USSR were prohibited under
international law from forcibly imposing capitalism or communism on weaker states. The 1956
Hungarian Revolution and 1968 Czechoslovakia (Prague Spring) were cited as violations of
political independence.
[Link] to Self-Preservation
• States may take lawful measures to ensure survival and security.
• Classic Example: The Six-Day War (1967) – Israel invoked self-defense (though controversial)
to justify preemptive strikes against neighboring states it perceived as threatening its existence.
[Link] to Jurisdiction
• States exercise authority over persons, property, and events within their borders.
• Classic Example: Lotus Case (France v. Turkey, PCIJ 1927) – affirmed Turkey’s jurisdiction to try
a French officer for a collision at sea involving Turkish nationals, emphasizing the principle of
territorial jurisdiction. ⸻
7. Right to Enter into Relations
• States are free to establish diplomatic and consular relations.
• Classic Example: Recognition of China (PRC) by the United Nations in 1971, replacing Taiwan
(ROC), demonstrated the right of states to shift or establish relations. ⸻
8. Right to Recognition
• Recognition confirms statehood and capacity to enter the international community.
• Classic Example: Recognition of Bangladesh (1971) after its secession from Pakistan. Despite
initial resistance, it was later admitted to the UN. ⸻
9. Right to Equality in International Organizations
• All member states enjoy equal legal standing in organizations.
• Classic Example: In the UN General Assembly, each state—whether the U.S. or Nauru—has
one vote, reflecting sovereign equality. ⸻
10. Economic and Developmental Rights
• States may freely exploit their natural resources and pursue development.
• Classic Example: OPEC countries in the 1970s asserted their right to control oil resources and
pricing, exercising permanent sovereignty over natural wealth.
III. Limitations on State Rights
• No right is absolute. Rights are limited by:
• Prohibition of use of force (UN Charter, Art. 2(4))
• Respect for human rights and self-determination
• Compliance with treaties (pacta sunt servanda) • Duty to peacefully settle disputes
IV. Conclusion
The rights of states—sovereignty, equality, integrity, recognition, and development—form the
foundation of the international legal order. These rights are balanced by duties to ensure
peaceful coexistence, cooperation, and respect for law.