LEGAL ANALYSIS OF RECOGNITION FOR THE STATE UNDER INTERNATIONAL LAW (CASE STUDY ON GENERAL ASSEMBLY OF UNITED NATION RESOLUTION NUMBER 2758 (XXVI) ABOUT RESTORATION OF THE LAWFUL RIGHT OF THE PEOPLE’S REPUBLIC OF CHINA IN UNITED NATION)

Aditya Gunawan (Mahasiswa Fakultas Hukum Universitas Syiah Kuala Jl. Putroe Phang No. 1, Darussalam, Banda Aceh - 23111)
Nellyana Roesa (Fakultas Hukum Universitas Syiah Kuala Jl. Putroe Phang No. 1, Darussalam, Banda Aceh - 23111)

Jurnal Ilmiah Mahasiswa Bidang Hukum Kenegaraan
Vol 1, No 2: November 2017

In modern law, the problems related to status and recognition of statehood is still debatable in international community. The creation of states is still questionable by the way of new entity became a new state as part of international community, the problem causing it is, there’s no such international regulation about the creation of state and about the state that lost their legal personality (such as Taiwan which not consider as a state by majority of international community) the only international legal instrument that mention about the creation of new state is Montevideo Convention 1933 about the rights and duties of state. The purpose of this research article is to analyze the problem of the creation of state and the requirement which have to fulfill by an entity to become a new state, and also to analyze the problem of the state what lost their statehood in international law case study on UN General Assembly resolution number 2578.The method that used in this research is normative research. The data collected in this research is a library research, by collecting, reading, studying and understanding convention, laws and regulation, textbook, journals, and literature as well as data obtained from the internet that relevant to the issues discussed.The result of this research is that the status of an entity which only receives the limited recognition (De Facto) by other state on international community is not consider as a state because they not fully fulfill the requirements to became a new state, also the legal status of Republic of China (Taiwan) as a state or just part of People’s Republic of China (Mainland) because the impact of the resolution of General Assembly of United Nation number 2758 (XXVI) which restore all they rights as a state in UN and other organization related to it.In the order of achieve the understanding the creation of state. The entity has to get the recognition by other state in order to receive the legal personalities and became part of international communities. And also Republic of China (Taiwan) is no longer consider as a state which gain the sovereignty by majority of other state in international community, but they just part of People’s Republic of China (Mainland) and known as special administrative province of People’s republic of China and other state must respect POC rights as mainland of One China state that own international legal personality as state.