Resolving Disputes With The Non-Recognized Government On An International Scale - A Case Study

Resolving Disputes With The Non-Recognized Government On An International Scale - A Case Study Of India And Taliban

Shatakshi Singh, The ICFAI University, Dehradun

Dr. A.K. Singhal, The ICFAI University, Dehradun

ABSTRACT

‘Non-recognized government’ simply means that a country/government has not been recognized yet by its fellow countries at the international forum. This concept has been inexistence forever but got recognition only after ‘state’ was defined in the Montevideo Convention, 1933. The existence of ‘government’ as a pre-requisite to recognition is an indication of the fact that a country/state shall not be recognized until and unless it has a lawful government. De-facto & De-jure are the two modes of recognition in International Law. A non- recognized government has a ‘limited existence’ at the international platforms & does notenjoy other privileges that are available to its recognized counterparts. But, due to their limited existence, the non-recognized governments take advantage of the loopholes and even the recognized governments cannot compel them, due to their limited existence. And unfortunately, international law does not provide for an exclusive mechanism for resolving disputes with a non-recognized government. For instance, the recent takeover of Afghanistan by the Taliban has created uproar in the ‘non- existent’ country and all over the world as well. The process of the takeover has already been criticized all over the media, and now the important issue is what happens afterward. Since the takeover, India has been facing problems, ranging from the security of the motherland to maintaining economic relations with them. And because of the major ideological differences between the two, it is getting even trickier to maintain diplomatic relations with the current government in Afghanistan/Taliban. Although the UN Charter (Article 35) does provide for a member/non-member to bring forth any dispute, it’s so loosely worded that it does not serve any purpose. The situation would have been different if there had been an exclusive mechanism for resolving disputes with a non-recognized government in International Law. UNSC & UNGA might have taken appropriate actions.

Keywords: Non-recognized government, Dispute resolution, Recognition, International Law, State, United Nations, Taliban