CEU eTD Collection (2013); Hajjaj, Rewand Mohammed: INTERNATIONAL RECOGNITION EVOLVING STATEHOOD CRITERION: COMPARATIVE ANALYSIS OF PALESTINE AND KOSOVO

CEU Electronic Theses and Dissertations, 2013
Author Hajjaj, Rewand Mohammed
Title INTERNATIONAL RECOGNITION EVOLVING STATEHOOD CRITERION: COMPARATIVE ANALYSIS OF PALESTINE AND KOSOVO
Summary In today’s 21st Century, the international community continues to develop to the extent that even the existence of a new State is possible as the world map continues to change. But what are Statehood criteria and what does a nation have to do to become a State? What if a nation fulfils the Statehood criteria and yet the international community denies it Statehood? The great gap in the appearance of such a nation, that claims statehood in the international community as a State with full international personality, appears to be the lack of international recognition by the other States, including United Nations’ membership, which could demolish its potential Statehood.
International recognition is one of the most difficult concepts in international law because of both its political and legal dimensions. Between the legal framework and the States' practice, it is hard to have a solid position on whether the entity is a State or not. James Crawford, a leading scholar in the field of Statehood, emphasized the linkage between the act of recognition and the notion of Statehood as an inevitable connection. In this thesis, I will argue that the fulfilment of statehood criteria should not include the requirement of international recognition, because the existence of a nation as a State should not depend solely on the political bias of other States.
Supervisor Wilde, Ralph
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2013/hajjaj_rewand.pdf

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