The legal basis for Somaliland’s claim to statehood rests on the flawed union formed in 1960 between the State of Somaliland (former British protectorate) and Somalia (former Italian trust territory). Under international law, a valid union requires clear, mutual, and legally binding consent. However, significant procedural and legal failures indicate that the union was never properly ratified, undermining its legitimacy.

Failure of the Dual Legal Tracks

In 1960, Somaliland and Somalia pursued separate and uncoordinated legal processes to form a union. On June 27, 1960, Somaliland’s parliament passed the Union of Somaliland and Somalia Law, intended as a bilateral treaty for the south’s approval. However, southern authorities in Mogadishu did not sign or ratify this document. Conversely, on July 1, 1960, Somalia unilaterally adopted a different agreement—the Atto di Unione—without input or approval from Somaliland. This document was not recognized by Somaliland’s legislature.

Because neither side ratified the other’s legal instrument, no unified or mutually agreed treaty was never established. Under international treaty law, later codified in the Vienna Convention, treaties require explicit mutual consent. In its absence, the declaration of the Somali Republic........

© The Times of Israel (Blogs)