International Law: States and Recognition - Essay Example

 A society is often defined by the governing body that oversees its existence. This oversight is normally made possible courtesy of various rules and regulations that are decided upon by a committee set up by the necessary body. This means that in any society, there is a body that formulates the rules and regulations that the society members must abide by. Essentially, this defines law in a society. However, a society cannot survive as a single unit, and in most instances societies have to interact among each other for interests of mutual benefit (Dixon 2013, p. 121). This necessitates the development of a new form of regulatory or supervisory mechanism. Consequently, this institutes international law, which refers to the conventional regulations that govern the way that states and other recognized bodies interact (O’Brien & Ouden 2013, p. 121). From this definition, one standing feature is the element of states and their recognition. As such, this means that there are definitive factors that characterize states and how they are recognized in line with international law. Therefore, an understanding of states and their recognition can aid in highlighting the various concepts of international law in regards to states and their corresponding recognition. A state in international law can broadly be perceived as a legal entity that has certain rights and responsibilities in regards to the requisites of international law. Being recognized as a state takes different forms under international law, and any body that fulfils the criteria for identification as a state is rightfully considered to be one (Lauterpacht 2012, p. 175). As such, there are four basic considerations used to delimit conditions for statehood. A state has to demonstrate that it has a permanent population that could be as diverse as deemed possible or necessary. The definitive characteristics of the population is that it must be distinctive within a certain area (Aust 2005, p. 17). In addition, a state has to have a defined territory within which the permanent population can reside. This is irrespective of the geographical size, though it has to be significant enough to have social, economic, and political power (Aust 2005, p. 17). These two are the primary characteristics of a state, and basis upon which a state is built. However, a complete state must have a fully functioning government such that it is the central authority for the state. The government acts as a central body that oversees the proper and efficient implementation of the various regulations for the state (Cabrera 2012, p. 221). Finally, the most important aspect of a state is its own sovereignty such that it is independent of any other state. This characteristic facilitates its interactions with other states and defines its external relations. Generally, this is one of the most distinctive features of a state since it differentiates between constituent states and true states. While a constituent state can have a government, its own population and even a territory, its sovereignty remains with the mother state (Barker 2011, p. 111). Therefore, this shows how the independence of a state in international relations is the most significant factor for defining its recognition for statehood. Additionally, the recognition of statehood calls for the fulfilment of certain legal characteristics. One of the most significant is that a state needs to have the complete competence to participate in international activities such as treaties without any form of external limitation (O’Brien & Ouden 2013, p. 176). This external limitation could be in the form of another state’s views overriding that of the primary state. The same type of complete competence is necessary for the internal affairs of a state. As such, a state should not have any secondary interference from other states in regards to their internal matters. Additionally, a state is defined by its ability to consent to international matters without any form of coercion. This extends the independence trait of a state, such that it exists as its own entity, without any form of links that jeopardize its own recognition as a state (Lauterpacht 2012, p. 119). Another element of state recognition is the aspect of equality such that all legally recognized states are equal under international law. As much as being a state is in itself a demanding undertaking, the element of recognition makes it even more challenging. This is especially in regards to established states acknowledging and recognizing a new state. In many aspects, new states are often viewed as being just communities. As much as a community may fulfill all of the requirements for being considered a state, it is a different approach when it comes to being recognized by other fully fledged states. Recognition facilitates the possibility for other states to take part in international activity with other states. Consequently, recognition can be achieved through two major means, one being the constitutive theory that posits that a state can only exist at that point that it is recognized by the international community (Spielberg 2011, p. 99). The international community is governed by international law, and a state is recognized at that time that it is also governed by the international law. This form of recognition basically means that a state can only be recognized when the other existing states facilitate its existence in the international platform. International law is accomplished by pre-existing states, and pegging the existence of one state on it means that a new state is by definition the result of the decisions of other pre-existing states (Cabrera 2012, p. 191). On the other hand, the declaratory concept of recognition suggests that a state is formed after it meets the qualifications of the international community. Though this is still based on what the international community has to say regarding a state, it does not leave the burden on the states forming up the international community to facilitate the creation of a new state. Rather, it lays down requirements and qualifications that have to be met by a state to enable recognition. Even if this new state may not be fully able to interact with the rest of the states as per the constitutive theory, its fulfillment of the qualifications is what defines its recognition as a state (Klabbers 2013, p. 281). In many ways, a state and its territory are considered as being one unit. The territory defines the state, and the state is made up of the territory. However, the state only exists in the law, and is considered when looking at the subject from the perspective of international law. Consequently, interacting with a state calls for understanding its form of government, and thereby evaluating the constitutionality of the government in place. One of the conditions to be met by a state is that it needs to have an effective government, therefore, the government in place has to be constitutional (Evans 2014, p. 189). As such, a recognized government is one put in place by the constitutional systems of a state. Consequently, the recognition of statehood comes into question whenever the government in place is unconstitutional, as this invalidates the requirement that a state needs to have an effective government (Caspersen 2013, p. 199). There are also elements of de jure recognition whereby an entity falls within the limits of set standards for recognition. On the other hand, de facto recognition is based on the present state of an entity and in most instances this is not necessarily on a long term basis. Therefore, the foregoing evaluation considers the various elements that define being a state and the corresponding recognition. This is based on the perspective of international law as a major platform that delimits the existence of states in addition to identifying what constitutes the recognition of such states. Consequently, this highlights the important correlation that exists between international law and the existing topic of states and their recognition. References. Aust, A., 2005. Handbook of International Law. New York: Cambridge University Press. O’Brien, J. and Ouden, A., 2013. Recognition, Sovereignty Struggles, and Indigenous Rights in the United States. Texas: UNC Press Books. Evans, M., 2014. International Law. New York: Oxford University Press. Caspersen, N., 2013. Unrecognized States: The Struggle for Sovereignty in the Modern International System. Philadelphia: John Wiley & Sons. Lauterpacht, H., 2012. Recognition in International Law. New York: Cambridge University Press. Dixon, M., 2013. Textbook on International Law. New York: Oxford University Press. Spielberg, T., 2011. Law and Citizenship. Toronto: UBC Press. Klabbers, J., 2013. International Law. New York: Cambridge University Press. Cabrera, L., 2012. Global Governance, Global Government: Institutional Visions for an Evolving World System. Indianapolis: SUNY Press. Barker, J., 2011. Native Acts: Law, Recognition, and Cultural Authenticity. Massachusetts: Duke University Press. Read More