Vad krävs för att en presumtiv stat ska få ett de-jure erkännande? : En komparativ studie om att erkänna stater med fokus på fallen Eritrea och Somaliland

Sammanfattning: What determines that states receive a de-jure recognition is not clear today. The three worlddominant theories constitutive theory, declarative theory and secession-theory all claim different criteria' that a state must meet in order to have the right to be recognized. The purpose of the thesis is to understand if there is a theory that is decisive. The thesis analyses two states, one of which has received international recognition while the other one has not. The thesis concludes that all three theories have the necessary conditions that can lead to recognition. The conditions in the secession theory on having a referendum have proved to be one of the crucial requirements for recognition, at the same time it is fundamental for a new state to meet the declarative theory requirements to have the possibility of recognition at all. However, it is a theory that argues for the decisive criteria, and it is the constitutive theory that claims that recognition from other states, such as the central state, is the main factor in succeeding in obtaining de-jure recognition. Although the criteria's in the other theories are met, it is only after recognition by the central government that membership of the UN can be achieved.