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GENERAL NOTIONS ABOUT RECOGNITION

Each state conducts its relations with other states on the basis of particular
understandings of the legal status of those other states. In many instances, such
understandings are uncontroversial and amount to a recognition of the status
quo: the UK and its dealings with France, for example. Sometimes, however, a
state can take a position which challenges the existing order, such as recognizing
a new state-for example the claim of Kosovo in 2008 to constitute a state
comprising territory formerly part of Serbiaor take a position which rejects a
claim itself challenging the status quo-for example that of the Turkish Republic of
Northern Cyprus to constitute a state comprising territory formerly part of
Cyprus. Recognition, then, can be an attempt to alter or reaffirm the existing
order.
There are two main international law aspects to the recognition process.
Recognition can play a role in the international legality of the object of
recognition: sometimes, a state is or is not a state legally because, amongst other
things, other states have decided to treat it as such.
The recognition itself is regulated by international law, in that states are
sometimes constrained in their choices when comes to recognition.
These two aspects are related, and can come into tension insofar as states seek
through recognition to create a new sovereignty arrangement which challenges
the legal status quo and thereby is potentially at odds with their obligations to
another state or group of states whose entitlements are being altered by this
change.

A number of geopolitical entities have declared statehood and have


sought recognition as de jure sovereign states with varying degrees of success. In
the past, similar entities have existed. As of 2015 there are entities claiming
independence, often with de facto control of their territory, with recognition
ranging from complete non-recognition to complete recognition by all states.
There are two traditional doctrines that provide indicia of when a de
jure sovereign state should be recognized as a member of the international
community. The "declarative" theory defines a state as a person in international
law if it meets the following criteria:
1. a defined territory
2. a permanent population
3. a government, and
4. a capacity to enter into relations with other states.
According to declarative theory, an entity's statehood is independent of its
recognition by other states. By contrast, the "constitutive" theory defines a state
as a person of international law if it is recognized as such by another state that is
already a member of the international community.
Several entities reference either or both doctrines in order to legitimize their
claims to statehood. There are, for example, entities which meet the declarative
criteria (with de facto complete or partial control over their claimed territory, a
government and a permanent population), but their statehood is not recognized
by one or more other states. Non-recognition is often a result of conflicts with
other countries that claim those entities as integral parts of their territory. In
other cases, two or more partially recognized entities may claim the same
territorial area, with each of them de facto in control of a portion of it (as have
been the cases of the Republic of China and People's Republic of China,
and North and South Korea). Entities that are recognized by only a minority of the
world's states usually reference the declarative doctrine to legitimize their claims.
In many situations, international non-recognition is influenced by the presence of
a foreign military force in the territory of the presumptive, self-declaring
independent entity, so to make problematic the description of the country de
facto status. The international community can judge this military presence too
intrusive, reducing the entity to a puppet state where effective sovereignty is
retained by the foreign power. Historical cases in this sense can be seen
in Japanese-led Manchukuo or German-created Slovak Republic and Independent
State of Croatia before and during World War II. In the 1996 case Loizidou vs.
Turkey, the European Court of Human Rights judged Turkey for having exercised
authority in the territory of Northern Cyprus.
There are also entities which do not have control over any territory or do not
unequivocally meet the declarative criteria for statehood but have been
recognized to exist de jure as sovereign entities by at least one other state.
Historically this has happened in the case of the Holy See(18701929), the
Sovereign Military Order of Malta, Estonia, Latvia and Lithuania (during Soviet
annexation), among other cases. See list of governments in exile for unrecognized
governments without control over the territory claimed.

CRITERIA FOR INCLUSION


The criteria for inclusion means a polity must claim sovereignty, lack recognition
from at least one UN member state, and either:
satisfy the declarative theory of statehood, or
be recognized as a state by at least one UN member state.

BACKGROUND
Some states do not establish relations with new nations quickly and thus do not
recognize them despite having no dispute and sometimes favorable relations.
These are excluded from the list. Some countries fulfill the declarative criteria, are
recognized by the large majority of other nations and are members of the United
Nations, but are included in the list here because one or more other states do not
recognize their statehood, due to territorial claims or other conflicts. There are
193 United Nations (UN) member states. The Holy See and the State of
Palestine have observer state status in the United Nations.
UN MEMBER STATES NOT RECOGNISED BY AT LEAST ONE
UN MEMBER
Armenia, independent since 1991, is not recognised by one UN member, Pakistan,
as Pakistan has a position of supporting Azerbaijan since the Nagorno-Karabakh
War.

South Korea, independent since 1948, is not recognised by one UN


member, North Korea. North Korea claims to be the sole legitimate government
of Korea.

The Republic of Cyprus, independent since 1960, is not recognised by one UN


member (Turkey) and one UN non-member (Northern Cyprus), due to the
ongoing civil dispute over the island. Northern Cyprus claims part of the island of
Cyprus.

North Korea, independent since 1948, is not recognised by three UN


members: France, Japan, South Korea; and one non-UN member: Taiwan. South
Korea claims to be the sole legitimate government of Korea.

The People's Republic of China (PRC), proclaimed in 1949, is the more widely
recognised of the two claimant governments of "China", the other being
the Republic of China (ROC, also known as Taiwan). The PRC does not accept
diplomatic relations with states that recognise the ROC (19 UN members and
the Holy See as of 13 June 2017). Most of these states do not officially recognise
the PRC as a state, though some states have established relations with the ROC
while stating they do not intend to stop recognising the PRC (Kiribati,
Nauru). Some states which currently recognise only the PRC have attempted
simultaneous recognition and relations with the ROC and the PRC in the past
(Liberia, Vanuatu). According to United Nations General Assembly Resolution
2758, the PRC is the only legitimate representative of China to the United
Nations. Republic of China claims to be the sole legitimate government over all
of China under the Constitution of the Republic of China.

Israel, founded in 1948, is not recognised by 31 UN members. Syria claims Golan


Heights. Lebanon claims Shebaa Farms. Palestine claims areas controlled by
Israel.

Non-UN member states recognised by at least one UN member state


Kosovo declared its independence in 2008. It is recognised by 111 UN members
and Taiwan, the Sovereign Military Order of Malta, the Cook Islands, and Niue.
The United Nations, as stipulated in Security Council Resolution 1244, has
administered the territory since 1999 through the United Nations Interim
Administration Mission in Kosovo, with cooperation from the European
Union since 2008. It is a member of the International Monetary Fund, World Bank
Group, Venice Commission, European Bank for Reconstruction and Development,
and the International Olympic Committee, among others. Serbia claims Kosovo as
part of its sovereign territory.

Both the Sahrawi Arab Democratic Republic (SADR) and Morocco claim
sovereignty over the territory of Western Sahara. The SADR, which declared its
independence in 1976, has been recognised by 84 UN member states and South
Ossetia. 39 states, however, have since retracted or suspended recognition,
pending the outcome of a referendum on self-determination. Western Sahara is
not recognised as part of Morocco by any state, but some states support
the Moroccan autonomy plan. Moroccan "territorial integrity" is favoured by
the Arab League. The SADR is a member of the African Union. United Nations
General Assembly Resolution 34/37 recognised the right of the Western Sahara
people to self-determination and recognised also the Polisario Front as the
representative of the Western Sahara people. Western Sahara is listed on
the United Nations list of Non-Self-Governing Territories. Morocco claims
Western Sahara as part of its sovereign territory.

The Republic of China (ROC, usually called Taiwan), constitutionally formed in


1912, is recognised as the government of the state of China by 19 UN members
and the Holy See as of 13 June 2017. All other UN member states do not officially
recognise the ROC as a state; some of them regard its controlled territory as de
jure part of the People's Republic of China (PRC) while some others have used
careful diplomatic language to avoid taking a position as to whether the territory
of the ROC is part of the PRC. Throughout the years, the ROC has adopted
differing positions towards simultaneous recognition of the ROC and the PRC by
other countries. People's Republic of China claims to be the successor of the
former Republic of Chinaand claims all of the territory under ROC jurisdiction as
part of its sovereign territory.

South Ossetia declared its independence in 1991. It has been recognised


by five UN member states (Russia, Nicaragua, Venezuela and Nauru,
with Tuvalu recognizing but subsequently withdrawing their recognition), and
four UN non-member states (Sahrawi Arab Democratic
Republic, Abkhazia, Republic of Artsakh (Nagorno-Karabakh)
and Transnistria). Georgia claims both Abkhazia and South Ossetia as part of its
sovereign territory.
Abkhazia declared its independence in 1999. It has been recognised by six UN
member states (Russia, Nicaragua, Venezuela and Nauru,
with Tuvalu and Vanuatu recognizing but subsequently withdrawing their
recognition), and three UN non-member states (South
Ossetia, Transnistria and Republic of Artsakh). Georgia claims both Abkhazia and
South Ossetia as part of its sovereign territory.
Northern Cyprus declared its independence in 1983. It is recognised by one UN
member, Turkey. The Organisation of Islamic Cooperation and the Economic
Cooperation Organization have granted Northern Cyprus observer status under
the name "Turkish Cypriot State". United Nations Security Council Resolution
541 defines the declaration of independence of Northern Cyprus as legally
invalid. The International Court of Justice stated in its advisory opinion on
Kosovo's declaration of independence in 2010 that "the Security Council in an
exceptional character attached illegality to the DOI of TRNC because it was, or
would have been connected with the unlawful use of force" and "general
international law contains no applicable prohibition of declarations of
independence". Cyprus claims Northern Cyprus as part of its sovereign territory.

Non-UN member states recognised only by non-UN member states


Artsakh (formerly known as the Nagorno-Karabakh Republic) declared its
independence in 1991 (roughly at the same time as Azerbaijan itself when the
Soviet Union fell). It is recognised by three UN non-members: Abkhazia, South
Ossetia and Transnistria. Azerbaijan claims Artsakh as part of its sovereign
territory.

The Pridnestrovian Moldavian Republic (also known as Transnistria) declared its


independence in 1990. It is recognised by three UN non-
members: Abkhazia, Republic of Artsakh (Nagorno-Karabakh) and South Ossetia.
Moldova claims Transnistria as part of its sovereign territory.

Non-UN member state not recognised by any state


Somaliland declared its independence from Somalia in 1991. It claims to be the
successor to the State of Somaliland, a short lived sovereign state that existed
from 26 June 1960 (when the British Somaliland Protectorate gained full
independence from the United Kingdom) to 1 July 1960 (when the State of
Somaliland united with Somalia to form the Somali Republic). Somaliland is
internationally recognised as an autonomous region of Somalia. Somalia claims
Somaliland as part of its sovereign territory.

UN observer states not recognised by at least one UN member state


The Palestinian Liberation Organization (PLO) declared the State of Palestine in
1988. At the time the Israeli Armed Forces had control of most of the proclaimed
territory. It is recognised by 136 UN member states and the Holy See, as well as
the Sahrawi Arab Democratic Republic. Today the PLC (Palestinian Legislative
Council) executes the government functions in all Palestinian territories outside of
Israeli military-controlled zones. Prior to the Council's administration,
the Palestinian National Authority (PNA) was established in 1994 according to
the Oslo Accordsand the Israeli-Palestinian Interim Agreement. Palestine
participates in the United Nations as an observer state, and has membership in
the Arab League, the Organisation of Islamic Cooperation and UNESCO. It was
accorded non-member observer state status at the United Nations by United
Nations General Assembly resolution 67/19. Israel does not recognise the state
of Palestine and controls areas claimed by Palestine. Subject to the
ongoing IsraeliPalestinian peace process.

EXCLUDED ENTITIES
The Sovereign Military Order of Malta is a non-state sovereign entity and is not
included, as it claims neither statehood nor territory. It has established
full diplomatic relations with 105 sovereign states as a sovereign subject of
international law and participates in the United Nations as an observer entity.
Although it is not recognised as a subject of international law by France, the order
maintains official, but not diplomatic, relations with France and also with five
other states: Germany, Belgium, Switzerland, Luxembourg and Canada.
Uncontacted peoples who either live in societies that cannot be defined as
states or whose statuses as such are not definitively known.
Entities considered to be micronations are not included. Even though
micronations generally claim to be sovereign and independent, it is often
debatable whether a micronation truly controls its claimed territory. For this
reason, micronations are usually not considered of geopolitical relevance. For a
list of micronations, see list of micronations.
Those areas undergoing current civil wars and other situations with problems
over government succession, regardless of temporary alignment with the
inclusion criteria (e.g. by receiving recognition as state or legitimate government),
where the conflict is still in its active phase, the situation is too rapidly changing
and no relatively stable rump states have emerged yet.
Rebel groups which have declared independence and exert some control over
territory, but which reliable sources do not describe as meeting the threshold of a
sovereign state under international law. Examples include Donetsk People's
Republic, Luhansk People's Republic, Republic of West Papua and the Islamic
State of Iraq and the Levant.
Those of the current irredentist movements and governments in exile that do not
satisfy the inclusion criteria by simultaneously not satisfying the declarative
theory and not having been recognised as state or legitimate government by any
other state.

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