International Law and the Politics of Diplomatic Recognition of States and Government: Crtical Discuss
A new state is born out from an existing State or an old State which disappeared and comes with a new name or by splitting an existing State into two States. If a new state enjoys certain rights, privileges and obligations then it must get recognition as a state, which is very essential. However, there are some minimum criteria required before a State is considered to be a State. A State must get the De Jure (when a state is legally recognized) recognition for considering a State as a sovereign State. Political thought plays an important role in this decision whether to grant recognition or not. For recognition as a State, it must enter into relations with the other existing States. Recognition is a unilateral act performed by the recognizing State’s government. The creation of states and their subsequent recognition remain among the most problematic, yet important, aspects of international law and politics. It may be express or implicit. The act of recognition does not necessarily require the use of the terms recognition or recognize. Recognition is more than a word. A State may simply say that it acknowledges, regards, considers, deals with, or treats a group in a certain capacity, in order to convey its recognition. Recognition will be stalled indefinitely and only granted once domestic sovereignty is definitively and irreversibly established. It is only under these circumstances that the international legal criteria, however ambiguous, rather accurately determine secessionist success (though recognition’s timing will remain uncertain). In sum, the international politics of recognition are essential in understanding which actors among the scores of potential new members will be accepted into the international community of States. To an important extent, nascent states are either elevated to State membership or excluded from it by powerful, existing members. In all, the essence of this paper is x-ray, among other things the position of law and politics in the diplomatic recognition of states and government in Africa. The paper addresses the concept of‘re-cognitionality’ to capture the reality and adequate nature of recognition practices in world politics. Finally the elements, theories, and processes of recognitions are reflected in this paper for purposes of clarity.
