The Concept Of State – Application And Analysis Of Various Theories

Priyanka Sunjay

Abstract


This paper studies the evolution of theories on recognition of states. The recent question of the political status of Islamic States of Iraq and the Levant and other terrorist organisation who claim to have established a state poses a question as to what exactly determines the political status of a claimant state. The paper is divided into four main parts and the relevant examples are studied under each part. First, it studies the declaratory theory on the recognition of states. This theory lays down four requirements, on fulfilment of which it qualifies as a state. However, this theory does not hold true in today’s scenario globalized and interdependent world. The example of Taiwan is given to support this argument. Second, the constitutive theory is studied which contends that the recognition by states determines the status of a claimant state. However, this theory is unviable as it reduces the process to highly political one. Third, in order to rectify the above two conflicting theories, the theory given by John Dugard on the role played by United Nations in recognition of states and the theory of Remedial Secession, which argues that a right to secede from the dominant state exists to a minority group which is exploited by the government in power, are studied. Lastly, there is holistic appraisal of the above theories mentioned with regard to the current political scenario.    


Keywords


Constitutive theory, declaratory theory, ISIS, European Union

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