ALSA 2025 meeting

At various points in international law history, certain states, despite having achieved independence and sovereignty, have experienced isolation within interstate relations due to the non-recognition of their government's authorities. the Government of Kosovo, the Taliban administration in Afghanistan, the government of Timor-Leste, the military Junta in Myanmar and Thailand, Maduro administration of Venezuela exemplifies cases in which governmental entities have either previously lacked, or continue to lack, formal recognition by other states. In fact, Article 3 of the 1933 Montevideo Convention and Article 1 of the 1949 Draft Declaration on Rights and Duties of States have become established principles of international law, affirming that the political existence of a state is independent of recognition by other states and every state has the right to choose its form of government. However, the realities of interstate relations often deviate from these principles. In practice, non-recognition has significant consequences, ranging from the rejection of diplomatic representatives to, most critically, the neglect of protection for civilian populations. The recognition of a government is often regarded as a determinant of the legitimacy of its authority as the constitutional power of the state, as well as of the legal personality of that state in international law. This paper analyzes the phenomenon of governmental recognition as experienced by Kosovo, Afghanistan, Myanmar, and Timor-Leste, Thailand, Venezuela and its implications for the development of international law over the past two decades. The study employs a normative legal research methodology, utilizing cases and literature review as its primary mode of data analysis. This paper hypothesizes that, in practice, the recognition of governments within interstate relations is subject to a vague conditional exception, which carries significant implications for the legal personality of states and the protection of civilians.