What would the recognition of a State change?

How does a state exist?

Beligh Nabli, professor of public law at the University of Paris-Est Créteil and author of the work International relations, rights, theories, practices published by Editions Pédone in 2023, explains that the recognition of a State is not a prerequisite for its existence. In international law, a State exists according to three criteria: territory, population and “a governmental authority which exercises its sovereign authority over both. To these three conditions can be added a more legal element, the diplomatic act called recognition.even if it is not obligatory.

The law professor specifies that “each State is free to recognize or not this factual situation, that is to say the de facto existence of a State. However, it is an important act for the emerging State, because if it is not recognized, it will not be able to exist on the international scene. This is particularly problematic with regard to one’s own neighbors. Imagine a state that is not recognized as such by its own neighbors. Mechanically, it places itself in a situation of vulnerability, particularly from the point of view of its borders which are not recognized.”

The case of Palestine

Beligh Nabli asserts that Palestine does not meet the three necessary criteria. “If we wonder about the existence of a Palestinian population, a Palestinian territory and a Palestinian authority, the discussion is at least legitimate, particularly with regard to the territory, because it is particularly fragmented. The borders of these territories are not recognized or precisely determined. However, from the point of view of the population, we can recognize the existence of a Palestinian people, it is undeniable. Finally, from the point of view of the Palestinian Authority, it formally exists in the West Bank, but does not exercise any authority in Gaza. Even in the West Bank, when it comes to the territories it governs, not only is it delegitimized, but its authority is entirely relative”.