The Recognition of New States in Times of Secession: Is State Recognition Turning into Another Means of Intervention?

Abstract

As globalization’s effects are being felt more keenly even in the more rural areas of developed and developing states alike, many people’s desire to withdraw into ever-smaller units seems to be increasing concurrently. Across the world, separatist movements are on the up, not only in the less fortunate, but also in established, seemingly successful states. Many observers probably expected war-torn, artificially created Iraq to be exposed to manifold wishes to secede by various parts of its population (notably, the Kurds). However, not that long ago, only few would have predicted that there would be a perhaps soon to be repeated serious attempt by Scotland to secede from the United Kingdom or an ongoing attempt by Catalonia to separate from Spain. It seems the view that “smaller is better” is gaining traction in defence against what many feel are the less attractive consequences of free-trade-agreements and internationalisation of every-day-life. These developments give rise to many questions, not least in the sphere of international law. This article will look at the legal requirements for recognizing seceding entities as new states. The creation of a new state, after all, has far-reaching consequences: one of the most important being the right to invoke the right of collective self-defence, also in defence against the parent state. It follows that many view the recognition of a seceding entity by other states as the decisive indicator when judging a secession’s