International Law: Statehood, Recognition, and Succession
1. State Identity and Continuity
The existence of a state depends on three core elements: territory, population, and a political organization of state power. Changes to these elements can impact statehood. Changes affecting a state’s identity (e.g., complete loss of territory or population) can lead to its disappearance and the termination of its rights and obligations. Changes affecting continuity, however, maintain existing obligations as long as the three key elements persist.
- Changes in power organization outside constitutional provisions do not affect the state’s identity or obligations.
- Territorial changes (increase or decrease) do not necessarily affect state identity.
- Population changes also do not automatically affect state identity.
State identity does not disappear upon termination or dissolution.
2. Recognition of States and Governments
Recognition of a state is an act by another state acknowledging its existence. Recognition of a government is an act acknowledging the legitimacy of its authorities.
Constitutive vs. Declarative Theories
The constitutive theory posits that statehood depends on recognition by other states. The declarative theory, conversely, argues that a state exists from the moment it possesses all constituent elements, regardless of recognition.
Forms of Recognition
- Express Recognition: Occurs through a formal unilateral act, such as a diplomatic note or public declaration.
- Implicit Recognition: Inferred from a state’s behavior, such as establishing diplomatic or consular relations (though these do not automatically imply recognition).
Effects of Recognition
- Attests to the factual existence of the state (declaratory function).
- Facilitates voluntary relationships (e.g., diplomatic relations, treaties).
- Carries political significance, signifying international endorsement and support.
Unrecognized states and governments may still enjoy certain immunities, such as immunity from jurisdiction. However, the ability to act in court often depends on recognition.
3. State Succession
State succession occurs when one state replaces another in sovereignty over a territory and responsibility for international relations.
Treaty Obligations in State Succession
- Territorial Treaties: Treaties defining boundaries or establishing usage rights remain valid regardless of succession.
- Partial Territory Succession: When a state cedes part of its territory, the predecessor’s treaties cease to apply in that territory, replaced by the successor’s treaties.
- New Independent States (Decolonization): New states are not obligated to maintain predecessor treaties but can choose to participate in multilateral treaties.
- Unification: Treaties of predecessor states apply to the successor unless otherwise agreed or if it contradicts the treaty’s object and purpose. These treaties apply only to the pre-unification territory.
- Separation: Treaties of the predecessor state continue to apply in the same territories as before separation.