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The Seychelles–Somaliland Prisoner Transfer Agreement: A Case of Implicit Recognition?

The Seychelles–Somaliland Prisoner Transfer Agreement: A Case of Implicit Recognition? The self-declared and unrecognised ‘Republic of Somaliland’ signed a Prisoner Transfer Agreement with the Republic of Seychelles in April 2017. This article considers whether the PTA was an MoU or a treaty, and if it was a treaty, whether it constituted an act of implicit recognition. It concludes that the PTA was an international treaty of sufficient gravity to make it a possible route to confer implicit recognition, but that in this case there was not unambiguous Seychellois intent to implicitly recognise Somaliland, and that therefore implicit recognition did not occur. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

The Seychelles–Somaliland Prisoner Transfer Agreement: A Case of Implicit Recognition?

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Publisher
Edinburgh University Press
Copyright
Copyright © Edinburgh University Press
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2019.0281
Publisher site
See Article on Publisher Site

Abstract

The self-declared and unrecognised ‘Republic of Somaliland’ signed a Prisoner Transfer Agreement with the Republic of Seychelles in April 2017. This article considers whether the PTA was an MoU or a treaty, and if it was a treaty, whether it constituted an act of implicit recognition. It concludes that the PTA was an international treaty of sufficient gravity to make it a possible route to confer implicit recognition, but that in this case there was not unambiguous Seychellois intent to implicitly recognise Somaliland, and that therefore implicit recognition did not occur.

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Aug 1, 2019

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