1. LAW 221: INTERNATIONAL LAW
Dr. Başak Çalı

3. Territory
People
Government
Capacity to enter into relations with other states
What is a state? Article 1 of the Montevideo Convention on the Rights and Duties of States

4. Montevideo clauses are necessary, but not always sufficient conditions
Three aspects:
A) The legality of secession from an already existing state
B) The legality of the government of the entity
C) Recongition by other states
Montevideo clauses are necessary, but not always sufficient conditions

5. Non-consensual secession from an already existing state is not recognised by IL (e.g. Secession in Quebec, Canadian Supreme Court, 1998)
Secession

6. Kosovo a case of secession?
US argued that the case of Kosovo was sui-generis and does not create a precedent for other states in the future.
Security Council Resolution 1244 of 1999
2008 Unilateral Declaration of Kosovo – immediately recognised by many states.
ICJ Advisory Opinion ‘declaration of independence does does not violate SC 1244.’
Kosovo a case of secession?

7. The legality of the entity
Can a regime that effectively exercises apartheid be regarded as a state?
Southern Rhodesia was not viewed as a legitimate state in 1966
The legality of the entity

8. Two theories of recognition
The declaratory theory
The constitutitve theory
Two theories of recognition

9. EU Guidelines on Recognition (1991)
“'The Community and its member States adopt a common position on the process of
recognition of these new States, which requires:
- respect for the provisions of the Charter of the United Nations and the
commitments subscribed to in the Final Act of Helsinki and in the Charter of Paris,
especially with regard to the rule of law, democracy and human rights;
- guarantees for the rights of ethnic and national groups and minorities in
accordance with the commitments subscribed to in the framework of the CSCE
- respect for the inviolability of all frontiers which can only be changed by peaceful
means and by common agreement;
- acceptance of all relevant commitments with regard to disarmament and nuclear
non-proliferation as well as to security and regional stability;
- commitment to settle by agreement, including where appropriate by recourse to
arbitration, all questions concerning State succession and regional disputes.
The Community and its member States will not recognise entities which are the
result of aggression.”
EU Guidelines on Recognition (1991)

10. Recognition, Non-recognition
KKTC is recognised only by Turkey
South Osetia is recognised by Russia
Kosovo: a case of mixed recognition
Taiwan: recognised by a small number of states
Sahrabi Arab Democratic Republic, member of African Union
Palestine Authority: non-member observer state of the UN
Recognition, Non-recognition

11. What consequences flow from non-recognition?
The validity of nationality documents and travel documents would be contested
Cannot have diplomatic representation in other states
Cannot become a member of international organisations (but, see KKTC)
Cannot have its own international airlines (but, see KKTC for a short while)
Cannot benefit from international aid (but see Palestine)
What consequences flow from non-recognition?