Global Journal of Human Social Science, F: Political Science, Volume 22 Issue 5

(Talmon, 2011, Neff 2005, Schoiswohl 2004, Shaw 2003, Evans & Capps, 2009, Dugard, 1987, James, 1986). On the basis of the above analysis, this paper set to interrogates the position of law and politics in diplomatic recognition of states and government with special reference to Africa. Accordingly, the elements, theories, and processes are reflected in this paper for purposes of clarity. II. U nderstanding R ecognition of states and G overnment in I nternational L aw and P olitics The right of a people t o self-determination is a cardinal principle in modern international law ( commonly regarded as a jus cogens r ule), binding, as such, on the United Nations a s authoritative interpretation of the Charter's norms ( McWhinney, Edward 2007). Despite the fact that many ethnic groups, movements and regions have sought to create their own sovereign state, only a very small fraction of ethnic groups seeking independence have managed to become internationally recognized states ( Griffiths, 2016, 2019). In addition to 193 UN Member States, we have over 10 de facto and partially recognized states, and over 40 partially independent and non-self-governing territories ( Caspersen, 2014 ) . The term “recognition,” when used in the context of recognition of States and governments in international law, may have several different meanings. While there is no exact definition of state recognition in a broad sense recognition entails, As (Gëzim, 2021) has noted, ‘the resulting fragmented body of knowledge on state recognition has prevented the development of more comprehensive and reality- adequate accounts that take into account the politics, law, history, sociology and economics of state recognition in theory and practice.’ The concept of recognitionality can be useful as a heuristic to look at state recognition as a process not entirely shaped by power, legal norms, institutions and material condition, but also constituted through diplomatic discourses, performances and entanglements (Gëzim, 2021) As Ryan D Griffiths (2019) argues, “there is an international regime which ‘determines when an applicant has the right to withdraw from an existing state and join the club of sovereign states. Yet, making sense of diplomatic recognition requires looking at the micro-moves and everyday practices, spaces, emotions and personal diplomacy. It is not sufficient to only look at the legal and institutional rules. It requires acknowledging the multidimensional nature of recognition and opening up to different scale, forms and varieties of recognition, as well as capturing the contextual and temporal nature of such practices. By un-raveling the techniques and politics of re-cognitionality,..” is to capture the reality- adequate for recognition practices in world politics today. Most importantly, existing literature lacks a critical outlook of state recognition as an un-codified norm and scattered practice in world politics. In a more inclusive sense ‘the practice of states conferring recognition upon newcomers, which is considered to be an important element of independent statehood and a crucial blessing for admission to the international community of sovereign states’ ( Visoka et al., 2020 ) . It denotes under international law, a process whereby certain facts are accepted and endowed with a certain legal status, such as statehood, sovereignty over newly acquired territory, or the international effects of the grant of nationality or ‘a unilateral d eclarative political act of a state that acknowledges an act or status of another state or government i n control of a state (may be also a recognized state).’ Furthermore, ‘recognition of states plays a central role in shaping world politics. It can be a cause of state death, birth, or resurrection. It can be a source of conflict and peace, a source of justice but also of discrimination and subordination. It can be a safeguard to state expansion and international order, but also can be a source of collective self-determination and liberation. It can reproduce the existing state system but also open up space for normative change and emancipation.’ (Gëzim, 2021). International recognition plays a vital role in the political, security, legal, economic and socio-cultural development of states ( Rezvani, 2015) . It enables states protection under international law, ‘access to multilateral bodies and the possibility to develop diplomatic and trade relations with other states. It may also indicate the recognizing State’s willingness to enter into official relations with a new State or government, or manifest its opinion on the legal status of a new entity or authority, or both. While, international recognition might not guarantee successful statehood, its absence certainly poses many challenges for surviving an inhospitable international environment’ (Craven and Parfitt, 2018) . States which lack full international recognition are more likely to become subject to foreign military occupation and hybrid wars (Fabry, 2010) . Limited diplomatic relations – an inherent condition of unrecognized states – undermines the capacity of these entities to enhance their political, security and trade relations with other recognized states, leading to economic stagnation, poverty and social isolation (Geldenhuys, 2009) . Although the subject of state recognition is widely studied in law, comparative politics and area studies, there is still no consolidated research programme which critically interrogates the recognition of states in theory and practice. So far, the subject of state recognition has remained a sub- category of other research programmes, such as those examining international norms, sovereignty, secession, self-determination, international intervention, great power politics, preventive diplomacy, violent conflicts, ethnicity, identity politics and conflict resolution, economic diplomacy (Gëzim, 2021). © 2022 Global Journals Volume XXII Issue V Version I 36 ( ) Global Journal of Human Social Science - Year 2022 F International Law and the Politics of Diplomatic Recognition of States and Government: Crtical Discuss