The concept of statehood under international law: a case study of the republic of Somaliland
Date
2025
Authors
Twongyeirwe, Ivan
Publisher
Makerere University
Abstract
This study is an examination of Somaliland’s contested statehood by existing States under international law. It explores the factors and implications of its non-recognition and analyses the legal, political and diplomatic dimensions for its quest for international legitimacy and sovereignty. Four main research questions were examined, namely i) What are the traditional criteria for statehood under international law?, ii) How does the concept of statehood relate with the theoretical doctrines of recognition?, What ways do the concepts of secession and self-determination impact the legitimacy of statehood claims?, and whether the Republic of Somaliland fulfills the criteria for statehood under international law?. The study submits that the Montevideo Convention on the Rights and Duties of States provides the widely accepted criteria for statehood, that is the permanent population, defined territory, effective government and capacity to enter into foreign relations with other states and international organizations. The study also submits that neither theory of constitutive and declaratory fully explains state practice, and that this state practice is inconsistent and ambiguous as it is informed by different factors to include national interests. The study also submits that political considerations often override legal principles as exposed in the recognition of Bosnia-Herzegovina by the European Community. This study further submits that the Republic of Somaliland fulfills the criteria for statehood. That the non-recognition of the Republic of Somaliland as a State is influenced politics at the international, regional and domestic level. Reading Somaliland through critical legal theory therefore exposes recognition as contingent.
Description
A dissertation submitted to the School of Law in partial fulfillment of the requirements for the award of the Degree of Master of Laws of Makerere University
Citation
Twongyeirwe, I. (2025). The concept of statehood under international law: a case study of the republic of Somaliland; Unpublished Masters dissertation, Makerere University, Kampala
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