Status and (human Rights) Obligations of Non-recognized de Facto Regimes in International Law: The Case of 'Somaliland' : the Resurrection of Somaliland Against All International 'odds' : State Collapse, Secession, Non-recognition, and Human Rights

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M. Nijhoff, 2004 - Law - 351 pages
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This volume contains the first comprehensive study of legal issues arising with regard to the self-declared 'Republic of Somaliland' which, after more than 10 years of factual existence, is still facing international "non"-recognition. The case of Somaliland, in particular its unique position within the collapsed State of Somalia, challenges current international law doctrine regarding the interplay between non-recognition and the creation of States. Based upon an in-depth analysis of international law concerning the criteria of statehood and recognition, the author presents a legal framework against which cases of secession in the context of collapsed States should be measured. In applying this framework to the case of Somaliland, he demonstrates that the entity has established a sufficient level of peace, stability and effective governance to qualify as a State under international law. Given the legal uncertainty surrounding non-recognized "de facto" regimes such as Somaliland, the study finally attempts to identify legal rules which bind "de facto" regimes in the process of secession irrespective of their recognition as a State. Proposing a 'functional approach' to "de facto" regimes, the author argues that such entities are subject to obligations under international (human rights) law to the extent they are assuming governmental tasks.

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Preliminary Remarks
The Criteria for Statehood
The Loss of Statehood and Effectiveness State Continuity

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About the author (2004)

Michael Schoiswohl, LL.M. (NYU) is a Researcher and Lecturer on Public International Law at the Vienna Department of International Law and International Relations. This study is based on extensive research conducted by the author at NYU's International Human Rights Clinic.

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