Zambia on the International Plane: A critical analysis of Zambia's practice on recognition of states and governments
Date
2013-04-23
Authors
Siatwinda, Crippen
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Abstract
This essay considers Zambia's practice on recognition of states and governments with the ultimate view of determining how Zambia can join the rest of the members of the international community in dealing with the problem of unconstitutional changes of governments and unlawful attainment of statehood. In approaching the subject matter of the research, the essay starts by setting out the basic aspects of the research in chapter one, including the brief background and the modes of recognition.Chapter two proceeds to examining the legal issues of recognition. Considered under this are questions of whether recognition is purely a political act or it involves legal considerations as well. The essay then examines the distinctions between recognition of states and that of governments, and the tendency to confuse the two. Furthermore, the growing inclination towards adopting the Estrada doctrine by most states is also well thought-out. It concludes chapter two by looking at the legal consequences of recognition, especially on the entity to be recognized and the individuals of that entity.In chapter three, a case study of Zambia's practice on recognition of states and governments is critically discussed. The essay notes with concern that the practice does not go far enough as it is characterized with inconsistencies and lack of transparent guidelines.Besides, the paper through research found that Zambia's practice is not well abreast with the developments in international law such as the need for'an entity seeking recognition to be constituted on democratic principles and must have respect for human rights, as discussed in chapter four.As such, this essay recommends in chapter five the adoption of a well articulated legal framework on recognition that will see Zambia leading the call to end these events that destabilize democratically constituted governments. As opposed to having a mere policy, a well articulated legal framework will bind each successive government that comes to power in Zambia and hence, it will ensure consistency, transparency and predictability on recognition which is necessary to deter any such unconstitutional changes of governments in future or illegitimate accession to statehood. The legislation in place should provide for recognition based on the basic criteria of democracy and respect for human rights. This will shape Zambia's practice on recognition and make it contribute progressively to political developments on the continent and the world at large.
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States and Governments