The Concept of Recognition

[Abdirahman Hassan Nur]

Due to a wide discussion on the issue of recognition among Somalilanders, I would like contributing to the discussion in the following manner.

 

I would like to begin my article by examining the term "recognition". This term, or word, has a literal meaning as well as a political or legal meaning.

 

It's literal meaning in the dictionaries is defined as " the action of recognizing somebody, something or of being recognized".

 

But, if we look it at if from a legal viewpoint, international law defines it as "the act of formally admitting the existence of a foreign state and dealing with it as such".

 

As well the Institute of International Law has defined the term "recognition" in the following words:-

 

It is the "...free act by which one or more states acknowledge the existence of a definite territory of a human society, politically organized, independent of any other existing states and capable of observing obligations of International Law by which they manifest through their intention to consider it a member of international community".

 

The context of these definitions shows that the state does not politically exist if it is not recognized by the international community and it does not have any consideration without recognition.

 

Yet, there are some jurists who put conditions for the recognition of a state solely on the following terms:-

 

1. The community must be politically organized

2. It should have control over a definite territory

3. This definite control should tend towards permanance

4. The community thus constituted must be independent

 

Regarding all these things and the conflicting concepts towards the recognition, there are two main theories of recognition:

 

1. Declaratory or Evidentiary Theory

2. Constitutive Theory

 

The dimension of these two theories are on the elements of statehood. When discussing what constitues a state and its essentials elements, there are four political elements of a state:

 

1. Definite Territory

2. Population

3. Government (Executive Authority), and

4. Sovereign (law-making authority according to the western law, in the Islamic concept, Allah is the sovereign).

 

According to the law, the capacity to enter into relations with other states is the fourth element of the state.

 

There is no concept of sovereignty in the legal phenomena for the statehood although some jurists like Hans Kelson consider it as one of the essentials of state.

 

Anyway, the constitutive theory says that the state must fulfill those elements and furthermore, it should get recognition from the international community.

 

And this is (recognition) is the fifth element for statehood.

 

In the contrary, the declaratory theory says that if the state fulfills those above mentioned components, it means that state has already existed and is automatically recognized, therefore no need for declaration of recognition.

 

In the case the international community declare that they have recognized such a state, this recognition is merely a formal acknowledgement of the established facts.

 

The act of recognition is merely declaratory of an existing fact that a particular state or government possesses the essential attributes as required under International Law.

 

To Continue..

 

In the next article, we will analyze these two theories and how they are applied.

 

May Allah bless you.

 

Abdirahman Hassan Nur

Email: abdirahman_hn@hotmail.com

Islamabad, Pakistan.

[Jacaylbaro]

Hmmmmmmmmm ,,,, interesting .....

[Kool_Kat]

It's literal meaning in the dictionaries is defined as " the action of recognizing somebody, something or of being recognized".

-Not Somaliland.

 

But, if we look it at if from a legal viewpoint, international law defines it as "the act of formally admitting the existence of a foreign state and dealing with it as such".

-Not Somaliland.

 

 

As well the Institute of International Law has defined the term "recognition" in the following words:-

 

It is the "...free act by which one or more states acknowledge the existence of a definite territory of a human society, politically organized, independent of any other existing states and capable of observing obligations of International Law by which they manifest through their intention to consider it a member of international community".

-Not Somaliland.

 

The context of these definitions shows that the state

does not politically exist

if it is

not recognized by the international community and it does not have any consideration without recognition.

Need I read the rest?

[Jacaylbaro]

Koolkat's interest in Somaliland today is really really valuable and even better than the UN's ,,,

 

I can smile happily for the rest of this beautiful day ,,,,,,, looooool

[Kool_Kat]

You should smile, why not!!!

 

PS, it is not so much as an interest though...

[Jacaylbaro]

No problem ,, something is better than nothing ,, u know

 

[Kool_Kat]

For sure, after all it is Sunday, SMILE!!!

[Jacaylbaro]

Not for me ,,, i can smile for you though

[Kool_Kat]

Hayeh, from cheek to cheek lee smile eh yaah...

[Jacaylbaro]

[Kool_Kat]

That's more like it, minus the eyes of course...

 

Isoo bari hee...

[Jacaylbaro]

why are you offline today bal ?? ,,

[Blessed]

This is interesting, Abdirahman. Please continue, I would love to read your conclusion.

 

 

p.s welcome to SOL.

[Baashi]

Don't you get caught up with terminology awoowe. If big boys in upstairs deem necessary secessionists will get their way. If not Somaliweyn crew will be happy that the State in the end was able to wheather thru a helluva crisis. That's it! All else are just details. Remember awoowe Bush and et al occupy the room at the top of pyramid.

[NGONGE]

A beautifully constructed, amazingly written and remarkably put together piece of drivel! Like the old lady said to the Polish plumber: don't split hairs by telling me about plumbing best practices, son. Show me how to unblock this drainage.