Declaration of Statehood by Somaliland and the Effects of Non-Recognition under International Law
- 1 Department of Law, School of Law, Bahir Dar University, Bahir Dar, Ethiopia
Abstract
After the downfall of the Socialist and military Siad Barre regime in Somalia, Somaliland took an immediate action of independent declaration of statehood from its failed “parental state”, Somalia. It has been almost twenty five years since Somaliland declared its independence, established its own government, kept the peace, and managed to flourish in a kind of stability. Nevertheless, the international community has not recognized its act. Among the former Somali Republic territories, it is now only Somaliland that secured democratic and stable government and sustainable peace in the region. Somalia, which was part and “heir” of the former Somali Republic, is now unstable and even challenged by the Islamist extremist group, Al-Shabab. Somaliland, once under the colonial power of the British Empire like other African countries, argues it should be recognized as an independent state. This article investigates the legal understandings of statehood, from the Montevideo Convention to the more recent emphasis on self-determination, and then turns to the case of Somaliland, arguing that Somaliland deserves statehood status and other states should recognize it as a state as there is no legal ground under international law that justifies an otherwise position.
- Alison, K. E. (2007). When Is a State a State? The Case for Recognition of Somaliland, 30 B.C. Int’l & Comp. L. Rev. 211.
- Anthony, J., & Carroll, B. R. (1993). The Case For The Independent Statehood of Somaliland. AM. U.J. INT’L L. & POL’Y.
- Clarke, W. S., & Gosende, R. (2003). Somalia: Can a Collapsed State Reconstitute Itself? In R. I. Rotberg (Ed.), State Failure and State Weakness in a Time of Terror. Washington: Brookings Institute Press.
- Fred, O. (2006). Breakaway State Has Achieved Peace, Stability, Democracy, East African (Kenya). 28 Feb.
- Henry, J. S., & Philip, A. (2000). International Human Rights in Context. New York: Oxford University Press.
- Ian, B. (1979). Principles of Public International Law 287 (3d edi).
- Integrated Regional Information Network (IRIN), 28 May 2014.
- International Covenant on Civil and Political Rights (ICCPR), 1966.
- Ismail, I. A., & Reginald, H. G. (1999). The Heritage of War and State Collapse in Somalia and Somaliland: Local-Level Effects, External Interventions and Reconstruction, 20 Third World Q. 113, 113.
- Jean, P. S. (1948). Anti-Semite and Jew: An Exploration of the Etiology of Hate. New York: Schocken Books.
- Kelsey, F. (1925). Hugo Grotius on the Law of War and Peace, translation (Carnegie Edition).
- Lambert, J. (1995). Betrayed Trust: Africans and the State in Colonial Natal. Pietermaritzburg: University of natal Press.
- Lars, V. (2000). Northern Europe: Languages as Prime Markers of Ethnic and National Identity. In S. Barbour et al. (Eds.), Oxford: Oxford University Press.
- Lauterpachet, H. (1947). Recognition in International Law, Grotius Classic Reprint Series. Paperback, December 6, 2012.
- Malcolm, N. S. (1986). Title to Territory in Africa; International Legal Issues. Oxford: Oxford University Press.
- Marc, L. (2006). The Signs Say Somaliland, But the World Says Somalia. N.Y.: Times, June 5.
- Markus, H. (2006). Political Identity, Emerging State Structures and Conflict in Northern Somalia. Journal of Modern African Studies, 44.
- McDowell, E. C. (1977). Contemporary Practice of the United States Relating to International Law. AM. J. INT’L L., 71, 337.