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Politikon
South African Journal of Political Studies
Volume 3, 1976 - Issue 2
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Original Articles

A legal view of Transkeian recognition and so‐called “statelessness”

Pages 31-35 | Published online: 24 Feb 2007
 

Abstract

The coming of Transkeian independence has resulted in much publicity being given to two issues arising out of that independence. The one issue concerns the recognition of states and the other the relationship between international law and statelessness.

It is often submitted that recognition of a state by other states is necessary before that state can be regarded as an international person, or a subject of international law. This view is controverted and it is suggested that the practice of states does not support this view. The truth is rather that recognition is a purely subjective political act. The refusal by Arab States to recognise Israel does not destroy the legality of the latter.

It has also been argued that South Africa is violating International Law by declaring that certain categories of persons shall be citizens of Transkei and cease to be South African citizens. The truth is, however, that international law does not limit the state's discretion in this respect. International law considers the issue as falling into the domain of exclusive domestic jurisdiction.

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