A Review of Classical International Law and the Recognition of States
DOI:
https://doi.org/10.69760/aghel.0250040013Keywords:
Recognition, State, Government, International LawAbstract
Among the issues answered in this study is whether the recognition and status of countries before and after separation can affect the legitimacy of independence and the right to self-determination of nations or not. In the course of this issue, the question of why, despite the lack of recognition of states and the illegitimacy of independence in light of the provisions of international law, some nations still emphasize the right to self-determination and secession is addressed. And they prefer it to territorial integrity.
By using descriptive and analytical research methods, we have achieved the above objectives. The findings indicate that independent countries have equal sovereignty. Therefore, for a country to have the right to independent sovereignty and to enjoy such a right on the international stage, it must be recognized by the international community or, at least, by one country, the most important of which are its neighbors.
It can perhaps be said that recognition is the first necessary step towards achieving legal identity. Recognition of countries is a political act that has only legal effects and consequences, and therefore the act of recognition itself is not an international legal act.
No country has a duty to officially recognize another country or government unless the interests of the recognizing country require it, and no country has the right to be the object of recognition and demand it from others.
If a country, despite having all the characteristics described in international relations or in the decisions of the International Court of Justice (territory - population - government and sovereignty), is not recognized as a state, it cannot be considered a subject of international law.
For example, a country of one billion people, such as the People's Republic of China, has not been recognized as a large number of states for many years. From a legal perspective, membership in the United Nations cannot create an obligation for others to recognize it.
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