1.2 The Statement of the Research Problem
Although Somaliland has been an autonomous state for many years and has fulfilled the statehood criteria as recognized in the Convention of Montevideo, it has not yet received external recognition. The non-recognition of Somaliland has had a negative effect on the lives of its people. Somalilanders are isolated from the international community. As a result, they are hindered from performing their basic functions as a ‘state’ despite the strategic geographical location they occupy. The government of Somaliland is unable to deliver the basic services to its citizens due to the siege imposed on it by the lack of external recognition.
Therefore, this study attempts to explore the reasons behind the non-recognition of Somaliland. It investigates the obstacles that prevent the international community to grant Somaliland an official recognition. The study assumes that most of these obstacles are political more than legal. However, political factors are mixed with legal arguments. Therefore, there is a need for clarification about these issues. The study will be conducted with a specific reference to the principles of self-determination and territorial integrity within the African continent. The study investigates the rationale for the non-recognition/ recognition of Somaliland. It also questions whether territorial integrity is relevant in the context of failed states.
1.3 Research Questions
- In the case of failed states such as Somalia, is territorial integrity still relevant?
- Where there is a dichotomy between self-determination and territorial integrity, which one prevails?
- Is there a double standard within the African Union and United Nation regarding Somaliland’s accession while similar claims based on self-determination have already been recognized such as Eritrea and South Sudan?
1.4 Theoretical Framework
The research is situated within the framework of the systems theory. A system is a framework theoretically or conceptually defined for the analysis of phenomena in political, economic, and bio-social spheres of life. It normally consists of a set of variables in the interaction among independent or dependent variables, which changes in one or more variables. The theory is based on the concept of a whole. Anatol Rapoport defines a system as “a whole, which functions as a whole by virtue of the interdependence of its parts.” J.W. Burtons defines the concept of a system as a “relationship between units”.
The system theory can, therefore, be defined as “a series of statements about the relationship among independent and dependent variables, in which changes in one or more variables are accompanied or followed by changes in other variables or combination of variables.” The system theory holds that within the international systems, states are held together by a complex network of interactions which make them inter-dependent in facilitating their basic functions. At the international level, a regime of interdependence has characterized the post-World War II era: military alliances, economic ties, trade relations, and currency arrangements circumscribe the sovereignty of the participants. Non-interference has become a non-reality as the growth in transnational exchanges and global obligations are undercut the decisiveness of national boundaries, international law has haltingly paralleled this development toward interdependence by recognizing areas of shared concern in space, over the seas, and with respect to people.
Self-determination by groups within a state not only generates instability and civil conflict within the State but can also threaten international peace and security. These conflicts highlight the principal difficulty with the concept of self-determination. Every system seeks to maintain its equilibrium and therefore any disturbance tends to offset the balance. Against this background, all states in the system must cooperate to eliminate disturbances throughout the system. It is within this framework that the UN, AU and regional organizations interact with states to reduce disturbances within the system. The New States enter into the system largely as a result of their external recognition.
As the Westphalian order demands, the interstate system depends upon mutual sovereign recognition among States:
The mere existence of a territorial entity which is also constitutionally independent is one thing…the extent to which it participates in international life is another matter….It depends on the number of other states which are wanting and willing to enter into relations with the state concerned.
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