One State, Two Governments: The Duality of Government Within International Law: A Critical Study of Government Recognition, UN Accreditation, and International Representation with a Case Study on Burma/Myanmar

Details

Supervisors

d'Argent, Pierre

Faculty

Faculté de droit et de criminologie

Degree label

Master de spécialisation en droit international

Abstract

The issue of competing claims for recognition, international legitimacy, and UN representation, particularly in cases involving dual governments within a single state, often arises because of unconstitutional transfers of power within a state. The issue of determining the status of governments under international law remains complex and ambiguous. It is imperative for the global community to establish a comprehensive legal framework that can offer a cohesive and well-defined approach to addressing this issue. The recent instances of extralegal transfers of powers in Myanmar and Afghanistan have posed complex legal challenges and presented intricate legal dilemmas for the United Nations and the international legal community. The coexistence of two authorities within a single state gives rise to significant legal and diplomatic concerns in the realm of international law. This study aims to analyze the complex matter of dual governance structures within the framework of international law. The study focuses on aspects of government recognition, UN accreditation, and international representation with a practical reference to Burma/Myanmar, which serves as a practical illustration to shed light on the complex dynamics at play. The objective of this research is to identify the legal obstacles and ramifications that arise when duality of governments coexist within a single state. Moreover, it aims to explore the process, criteria, and framework for resolving the legal issues associated with this situation. The study adopts a critical approach, employing a combination of legal analysis and case study methodology. The main sources of data comprise international legal instruments, relevant treaties, United Nations resolutions, judicial decisions, and scholarly publications. The research found that while the territorial control test remains a significant determinant for the recognition of governmental status, since the 1990s, when there are two competing entities, the UN has sided with those administrations that possess democratic legitimacy and a solid track record of upholding human rights. The study has also revealed that the influence of "behind-the-scenes diplomatic deals" between powerful states and the dynamics of great power politics carry more weight than legal factors in many cases within modern international society, particularly in matters pertaining to recognition, UN accreditation, and international representation.