a capacity to enter into relations with other states.
According to the 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 only if it is recognised as such by other states that are already a member of the international community.[1][2]
Quasi-states often reference either or both doctrines in order to legitimise their claims to statehood. There are, for example, entities which meet the declarative criteria (with de facto partial or complete control over their claimed territory, a government and a permanent population), but whose statehood is not recognised by any other states. Non-recognition is often a result of conflicts with other countries that claim those entities as integral parts of their territory.[3] In other cases, two or more partially recognised states may claim the same territorial area, with each of them de facto in control of a portion of it (for example, North Korea and South Korea, or the Republic of China (Taiwan) and the People's Republic of China). Entities that are recognised by only a minority of the world's states usually reference the declarative doctrine to legitimise their claims.[4]
In many situations, international non-recognition is influenced by the presence of a foreign military force in the territory of the contested entity, making the description of the country's de facto status problematic. 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.[5] Historical cases in this sense can be seen in Japanese-led Manchukuo[6] or the German-created Slovak Republic and Independent State of Croatia before and during World War II. In the 1996 case Loizidou v. Turkey, the European Court of Human Rights judged Turkey for having exercised authority in the territory of Northern Cyprus.[7]
There are also entities that do not have control over any territory or do not unequivocally meet the declarative criteria for statehood but have been recognised to exist as sovereign entities by at least one other state. Historically, this has happened in the case of the Holy See (1870–1929); Estonia, Latvia, and Lithuania (during Soviet annexation);[8] and Palestine at the time of its declaration of independence in 1988.[9] The Sovereign Military Order of Malta is currently in this position. See list of governments in exile for unrecognised governments without control over the territory claimed.
satisfy the declarative theory of statehood, or[17][18]
are recognised (constitutive theory) as a state by at least one UN member state.[19]
Background
There are 193 United Nations (UN) member states, while both the Holy See and Palestine have observer state status in the United Nations.[20] However, some countries that fulfill the declarative criteria, are recognised by the large majority of other states and are members of the United Nations are still included in the list here because one or more other states do not recognise their statehood, due to territorial claims or other conflicts.
Some states maintain informal (officially non-diplomatic) relations with states that do not officially recognise them. Taiwan (the Republic of China) is one such state, as it maintains unofficial relations with many other states through its Economic and Cultural Offices, which allow regular consular services. This allows Taiwan to have economic relations even with states that do not formally recognise it. A total of 56 states, including Germany,[21] Italy,[22] the United States,[23] and the United Kingdom,[24] maintain some form of unofficial mission in Taiwan. Kosovo,[25]Northern Cyprus,[26]Abkhazia,[27]Transnistria,[27] the Sahrawi Republic,[28]Somaliland,[29] and Palestine[30] also host informal diplomatic missions, and/or maintain special delegations or other informal missions abroad.
States that are state parties within the United Nations System
UN member states not recognised by at least one UN member state
The People's Republic of China (PRC), proclaimed in 1949,[33] is the more widely recognised of the two claimant governments of China, the other being Taiwan (the Republic of China). The United Nations recognised the ROC as the sole representative of China until 1971, when it decided to give this recognition to the PRC instead (see United Nations General Assembly Resolution 2758). The PRC and the ROC do not recognise each other's statehood, and each enforces its own version of the One China policy meaning that no state can recognise both of them at the same time.[a] The states that recognise the ROC (11 UN members and the Holy See as of 15 January 2024) regard it as the sole legitimate government of China and therefore do not recognise the PRC.
Taiwan (the Republic of China) considers itself to be the sole legitimate government of all of China, and therefore claims exclusive sovereignty over all territory controlled by the PRC.[34] See also: One China.
The Republic of Cyprus, independent since 1960, is not recognised by one UN member (Turkey) and one non-UN member (Northern Cyprus), due to the ongoing civil dispute over the island. Turkey does not accept the Republic's rule over the whole island and refers to it as the "Greek Administration of Southern Cyprus".[35][36][37][38]
Northern Cyprus claims the northeastern portion of the island of Cyprus.
Israel, founded in 1948, is not recognised by 28 UN members.[39][40][41][42][43] The Palestine Liberation Organization (PLO), which enjoys majority international recognition as sole representative of the Palestinian people, recognised Israel in 1993. In January 2018 and October 2018,[44] the Palestinian Central Council voted to suspend recognition of Israel, but this position has yet to be acted upon by Palestinian President Mahmoud Abbas.[45][46]
The Cook Islands became a state in free association with New Zealand in 1965. Although the Cook Islands are fully self-governing and behave as a sovereign state in international law, their constitutional status is different from that of a fully independent state, considering that all Cook Islands nationals are New Zealand citizens, and the country's head of state is the Monarch of New Zealand.[68][69][70] As of 2015, the Cook Islands had established diplomatic relations with 43 states,[71] while the number as of May 2024 is at least 63 UN member states, as well as the Holy See, Kosovo, Niue and the European Union. Some countries establishing diplomatic relations such as the United States have recognized the Cook Islands as a fully sovereign state, while some such as France have not.[72][73] The Cook Islands are a member of nine United Nations specialized agencies, and the United Nations currently classifies the Cook Islands as a "non-member state", a category unique only to it and Niue.[74][75][76][77]
Morocco invaded and annexed most of Western Sahara, forcing Spain to withdraw from the territory in 1975.[95] In 1976, the Polisario Front declared the independence of Western Sahara as the Sahrawi Arab Democratic Republic (SADR).[96] The SADR is largely a government in exile located in Algeria, which claims the entire territory of Western Sahara, but controls only a small fraction of it. The SADR is recognised by 46 UN member states and South Ossetia. 38 other UN member states have recognised the SADR but subsequently retracted or suspended recognition, pending the outcome of a referendum on self-determination.[97][98] The remaining UN member states, including Morocco, have never recognised the SADR. 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.[99] Western Sahara is listed on the United Nations list of non-self-governing territories. Other than Morocco and the United States,[100] no state officially recognises Morocco's annexation of Western Sahara, but some states support the Moroccan autonomy plan. The Arab League supports Morocco's claim over the entire territory of Western Sahara.[101]
Taiwan (formally known as the Republic of China), enjoyed majority recognition as the sole government of China until roughly the late 1950s/1960s, when a majority of UN member states started to gradually switch recognition to the People's Republic of China (PRC).[103] The United Nations itself recognised the ROC as the sole representative of China until 1971, when it decided to give this recognition to the PRC instead (see United Nations General Assembly Resolution 2758). The ROC and PRC do not recognise each other's statehood, and each enforces its own version of the One China policy meaning that no state can recognise both of them at the same time.[a] The ROC is currently recognised by 11 UN members and the Holy See. All remaining UN member states, as well as the Cook Islands and Niue, recognise the PRC instead of the ROC and either accept the PRC's territorial claim over Taiwan or take a non-committal position on Taiwan's status. A significant number of PRC-recognising UN member states, as well as the Republic of Somaliland, nonetheless conduct officially non-diplomatic relations with the ROC, designating it as either "Taipei" or "Taiwan". Since the early 1990s, the ROC has sought separate United Nations membership under a variety of names, including "Taiwan".[106]
Transnistria (officially the Pridnestrovian Moldavian Republic) declared its independence in 1990. It is recognised by two non-UN members: Abkhazia and South Ossetia.[107]
Somaliland declared its independence in 1991. It claims to be the legal 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).[108] It is not officially recognised by any state, though it maintains unofficial relations with several UN member states and the Republic of China (Taiwan).[109][110][111] Taiwan and Somaliland have mutual representative offices in each other's countries, similarly to how Taiwan conducts relations with other countries that do not recognize it.[112][113] On 1 January 2024, Ethiopia and Somaliland signed a memorandum of understanding giving Ethiopia access to the Red Sea via the port of Berbera in return for a potential recognition.[114][115]
Somalia claims Somaliland as part of its sovereign territory.
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 quasi-states have emerged yet.
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 a state or legitimate government by any other state.
Entities considered to be micronations, even if they are recognised by another micronation. Even though micronations generally claim to be sovereign and independent, it is often debatable whether a micronation truly controls its claimed territory.[c] For this reason, micronations are usually not considered of geopolitical relevance. For a list of micronations, see list of micronations.
Some states can be slow to establish relations with new UN member states and thus do not explicitly recognise them, despite having no dispute and sometimes favorable relations. These are excluded from the list. Examples include Croatia[134] and Montenegro.[135]
^ abBoth the Republic of China and the People's Republic of China officially claim to represent the whole of China, stating China is a single sovereign entity encompassing both the area controlled by the PRC and the area controlled by the ROC. Neither the PRC nor the ROC officially recognise each other's claim to statehood, and they compete for diplomatic recognition as the only legitimate representative of China among other states. Historically, both the PRC and the ROC have broken off diplomatic relations with any state engaging in diplomatic relations or claiming to recognise the other, though the ROC has in some instances accepted dual recognition since it transitioned to democracy in the 1990s. However, as of 2021 no state officially recognises both the ROC and the PRC.[104][105]
^It is far from certain that micronations, which are generally of minuscule size, have sovereign control over their claimed territories, contrasted with the mere disregard and indifference toward micronations' assertions by the states from which they allege to have seceded. By not deeming such declarations (and other acts of the micronation) important enough to react in any way, these states generally consider micronations to be private property and their claims as unofficial private announcements of individuals, who remain subject to the laws of the states in which their properties are located.[133]
References
^Grant, Thomas D., The recognition of states: law and practice in debate and evolution (Westport, Connecticut: Praeger, 1999), chapter 1.
^Lemkin, Raphaël (2008) [1944]. Axis Rule in Occupied Europe: Laws of Occupation, Analysis of Government, Proposals for Redress. The Lawbook Exchange, Ltd. p. 11. ISBN978-1-58477-901-8. Retrieved 30 June 2019. The creation of puppet states or of puppet governments does not give them any special status under international law in the occupied territory. Therefore the puppet governments and puppet states have no greater rights in the occupied territory than the occupant himself. Their actions should be considered as actions of the occupant and hence subject to the limitations of the Hague Regulations.
^Middlebush, Frederick A. (1934). "The Effect of the Non-Recognition of Manchukuo". American Political Science Review. 28 (4). Cambridge University Press (CUP): 677–683. doi:10.2307/1947199. ISSN0003-0554. JSTOR1947199. S2CID147030868.
^US Library of Congress (7 October 2000). "World War II and Korea". Country Studies. Archived from the original on 10 March 2016. Retrieved 28 February 2008.
^ abStaff writers (20 February 2008). "Palestinians 'may declare state'". BBC News. Archived from the original on 25 August 2011. Retrieved 22 January 2011.:"Saeb Erekat, disagreed arguing that the Palestine Liberation Organisation had already declared independence in 1988. "Now we need real independence, not a declaration. We need real independence by ending the occupation. We are not Kosovo. We are under Israeli occupation and for independence we need to acquire independence".
^Shelley, Toby (1988). "Spotlight on Morocco". West Africa (3712–3723: 5–31 December). London: West Africa Publishing Company Ltd: 2282. "... the SADR was one of the first countries to recognise the state of Palestine."
^"Arab States: Palestine". United Nations Educational, Scientific and Cultural Organization. Archived from the original on 4 January 2012. Retrieved 3 December 2011.
^Israel's Disengagement Plan: Renewing the Peace ProcessArchived 3 February 2016 at the Wayback Machine: "Israel will guard the perimeter of the Gaza Strip, continue to control Gaza air space, and continue to patrol the sea off the Gaza coast. ... Israel will continue to maintain its essential military presence to prevent arms smuggling along the border between the Gaza Strip and Egypt (Philadelphi Route), until the security situation and cooperation with Egypt permit an alternative security arrangement."
^"About Cook Islands". New Zealand Ministry of Foreign Affairs and Trade. 11 February 2021. Archived from the original on 25 April 2023. Retrieved 21 April 2023.
^"Kosovo"(PDF). Archived from the original(PDF) on 16 February 2008. Retrieved 25 June 2010.
^Affairs, New Zealand Ministry of Foreign (7 November 2022). "Niue". New Zealand Ministry of Foreign Affairs and Trade. Archived from the original on 21 April 2023. Retrieved 21 April 2023.
^Clogg, Rachel (2001). "Abkhazia: Ten Years On"(PDF). Conciliation Resources. Archived from the original(PDF) on 16 February 2016. Retrieved 26 February 2008.
^"About Western Sahara". Australia Western Sahara Association. November 2006. Archived from the original on 6 September 2015. Retrieved 4 January 2010.
^"Somaliland profile". BBC News. 11 July 2011. Archived from the original on 16 December 2020. Retrieved 8 December 2023.
^Hagi, Mohamed (1 May 2024). "A Future Outlook: Prospects for Somaliland-Taiwan Relations". Global Taiwan Institute. Retrieved 25 July 2024. It is an official relationship in numerous respects, but not diplomatic. Put another way, the bilateral partnership is deemed official due to the signatures of two foreign ministers. On the other hand, it differs from Taiwan's relationships with its more formal diplomatic allies.
^Asia West and Africa Department. "Republic of Somaliland". Ministry of Foreign Affairs of the Republic of China. Archived from the original on 10 December 2022. Retrieved 28 February 2023.
^"La Orden de Malta y su Naturaleza Jurídica". Venezuela Analitica. 1 May 1999. Archived from the original on 1 August 2015. Retrieved 1 August 2015. English language translation "The Order of Malta, within the limits that are compatible with its actual position as a subject deprived of territory, is in the international community, a sovereign entity on par with the States, and the Prince Grand Master is comparable, from the point of view of international law, to the Heads of State."
^Shaw, Malcolm Nathan International Law Fifth Edition Cambridge University Press 2003 ISBN0-521-82473-7 p. 218 Searchable textArchived 13 April 2023 at the Wayback Machine, "The Italian Court of Cassation in 1935 recognised the international personality of the Order, noting that 'the modern theory of the subjects of international law recognises a number of collective units whose composition is independent of the nationality of their constituent members and whose scope transcends by virtue of their universal character the territorial confines of any single state.' (Nanni v. Pace and the Sovereign Order of Malta 8 AD, p. 2.)"
^"Reconócese a la Soberana Orden Militar de Malta como Entidad Internacionál Independiente". Boletín Oficiál de la República Argentina, Año LIX, Número 16.92. Buenos Aires. 19 June 1951. p. 1. Archived from the original on 12 March 2016. Retrieved 11 February 2016. "The Senate and Chamber of Deputies of Argentina, in Congress assembled, enact as LAW: Article 1 – The Sovereign Military Order of Malta is hereby recognized as an international independent entity."
^ abArocha, Magaly (May 1999). "La Orden de Malta y su Naturaleza Jurídica (The Order of Malta and Its Legal Nature)". Caracas, Distrito Capital, Venezuela: Analítica.com. Archived from the original on 1 August 2015. Retrieved 1 October 2012. English language translation "[T]he clear territorial separation of sovereign areas that exists between the Italian State and the State of Vatican City does not exist between the Order of Malta and the Italian State, but neither can it be said that the treatment given to the headquarters of the Order (Aventine, Via Condotti) is, simply, that reserved for the headquarters of diplomatic missions accredited to the Italian State. In fact, the headquarters of the Order have diplomatic extraterritoriality (authoritarian acts of any kind – executive, acts of inspection, judicial – cannot take place inside), but in addition, the Italian State recognizes the exercise, in the headquarters, of the prerogatives of sovereignty. This means that Italian sovereignty and Maltese sovereignty coexist without overlapping, because the Order exercises sovereign functions in a wider area than occurs in the diplomatic missions of the States for, although [those diplomatic missions] enjoy extraterritoriality, the guarantees deriving from the privilege of immunity are constrained to a purely administrative area; the Order, instead, makes use of extraterritoriality to meet the very acts of sovereign self-determination that are the same as the States (legislative, judicial, administrative, financial acts)."
^Jüde, Johannes (2017). "Contesting borders? The formation of Iraqi Kurdistan's de facto state". International Affairs. 93 (4): 847–863. doi:10.1093/ia/iix125. ISSN0020-5850.
^Court, Mireille; Den Hond, Chris (1 September 2017). "Experiment in self-rule in Rojava". Le Monde diplomatique. Archived from the original on 18 December 2023. Retrieved 18 December 2023.
Wertz, Daniel; Oh, JJ; Kim, Insung (August 2016). Issue Brief: DPRK Diplomatic Relations(PDF). The National Committee on North Korea. Archived from the original(PDF) on 28 December 2016. Retrieved 19 January 2017.