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Twenty Years of de facto State Studies: Progress, Problems, and Prospects

Authors:
  • Indiana University Indianapolis

Abstract

State by Scott Pegg in 1998, the first book-length substantive theoretical attempt to investigate the phenomenon of de facto states—secessionist entities that control territory, provide governance, receive popular support, persist over time, and seek widespread recognition of their proclaimed sovereignty and yet fail to receive it. Even though most de facto states are relatively small and fragile actors, in the intervening years the study of de facto or contested or unrecognized statehood has expanded dramatically. The de facto state literature has contributed significantly to the growing recognition that the international system is far more variegated than is commonly perceived. An initial focus on the external relations of de facto states has increasingly given way to a newer focus on their internal dynamics and domestic state-building processes and on how a lack of sovereign recognition conditions but does not prohibit their democratic, institutional, and political development. Perhaps most notably, there has been an explosion in detailed empirical research based on original data, which has greatly enriched our understanding of these entities. Alas, the subfield of de facto state studies is also characterized by recurrent problems. There has been an extensive proliferation of different terms used to describe these entities, and much fighting has erupted over precise definitions, resulting in limited scholarly progress. Fundamentally, there remains a continued failure to reach agreement on the number of these entities that exist or have existed since 1945. The nuanced and empirically rich academic literature has also largely failed to advance journalists or policymakers' understanding of de facto states. Yet, the prospects for de facto state studies remain bright. More diverse comparative work, renewed attention to how engagement without recognition might facilitate the participation of unrecognized entities in international politics, a renewed focus on parent state strategies, and increased attention to de facto states and conflict resolution are areas deserving of greater scholarly attention.
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... The article challenges this conclusion and submits that, even in the absence of international recognition, international law can make a real and meaningful impact in de facto states. 1 Such change is subject to conditions, which are not always in place in de facto states. However, one 1 A vast literature exists on the precise nature of de facto states, which has reached no consensus on what is the best name for these entities and what are their most important defining characteristics ( O'Beachain, Comai, and Tsurtsumia-Zurabashvili 2016 ;Pegg 2017 ). This article adopts Toomla's (2016) definition of a de facto state, namely an entity that largely looks and behaves like a state, but has not received widespread international recognition. ...
... First, the de facto states' paramount objective for recognition makes them especially susceptible to international pressure ( Pegg 2017 ). Directly engaging with the international community, even just by receiving and responding to advice, allows de facto states to counter their image as puppet regimes and present themselves as democratic and rights-respecting entities that deserve recognition ( Caspersen 2011a ;2018 , 375). ...
... Similar economic restrictions exist in de facto states. Policymakers are well aware of the fact that violence might reescalate again ( Pegg 2017 ), which makes it necessary to maintain high military budgets ( Caspersen 2011a ;Adamides 2018 ;Rosler et al. 2021 ). This decision comes at the cost of improved welfare services, including in the combatting of human trafficking ( Kolstø 2006 ). ...
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This article argues that, even in the absence of international recognition, international law can make a real and meaningful impact in de facto states. Such impact can come about through engagement without recognition, which should be understood, not as a shadowy practice that takes place in the fringes of international law, but as a strategy that is fully compatible with international legal standards. The article makes this argument by relying on a detailed analysis of relevant case law of the European Court of Human Rights. It further proposes that reconceptualizing engagement without recognition can have important practical consequences in the fight against human trafficking, which has received regrettably limited attention by policymakers in de facto states.
... De facto states, entities that achieve a certain level of statehood without legal international recognition, rely significantly on external patronage for their sustained existence, even when exhibiting operational efficiency and internal legitimacy. Over the three decades since the conclusion of the Cold War, which witnessed the emergence of numerous present-day secessionist de facto entities, the field of de facto state studies has undergone significant evolution in character and principal themes (Pegg, 2017). However, the literature on external patronage within de facto states faces substantial challenges in conceptualising these complex dynamics (Biermann, 2014). ...
... However, the literature on external patronage within de facto states faces substantial challenges in conceptualising these complex dynamics (Biermann, 2014). Notably, when Pegg (2017) summarised key themes and advancements in de facto state literature over the past two decades, PCR did not emerge prominently as a central theme. ...
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