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Statehood Recognition Under International Law: Examining the Criteria and Challenges in Contemporary Africa
University of Dayton, School of Law, USA.
Research Article
International Journal of Science and Research Archive, 2024, 12(01), 3250-3258.
Article DOI: 10.30574/ijsra.2024.12.1.0884
Publication history:
Received on 08 April 2024 revised on 23 May 2024; accepted on 28 May 2024
Abstract:
Statehood recognition remains one of the most contested issues in contemporary international law, particularly within the African context where colonial legacies, contested borders, and post-independence governance challenges continue to shape claims to sovereignty. This study examines the legal and political dimensions of statehood recognition in Africa through a focused analysis of Nigeria and Cameroon, with particular reference to the self-determination movements of Biafra and Ambazonia. Drawing on the Montevideo Convention as the foundational legal framework, the paper evaluates whether these movements satisfy the established criteria of permanent population, defined territory, effective government, and capacity to engage in international relations. Beyond doctrinal analysis, the study situates statehood claims within their historical and post-colonial contexts, highlighting how inherited colonial structures and nationalist movements have influenced contemporary separatist aspirations. The paper further explores pragmatic pathways to recognition and conflict resolution, including revisiting rigid applications of statehood criteria for former colonies, adopting asymmetric federalism and autonomy arrangements, and leveraging governance support from regional and international African institutions. By integrating legal analysis with political and institutional considerations, the study contributes to ongoing debates on sovereignty, self-determination, and stability in Africa, offering policy-relevant insights for managing statehood claims without undermining regional peace and territorial integrity.
Keywords:
Statehood recognition; Montevideo Convention; Self-determination; Africa; International law
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Copyright © 2024 Author(s) retain the copyright of this article. This article is published under the terms of the Creative Commons Attribution Liscense 4.0
