HUMAN RIGHTS AND FUNDAMENTAL RIGHTS IN EMERGING STATES: BETWEEN CONSTITUTIONALIZATION AND INTERNATIONAL RECOGNITION

Abstract

This article sought to analyze the tension between the internal constitutionalization of fundamental rights and the international recognition of emerging States, highlighting Somaliland. The aim is to demonstrate how this disconnect obstructs universal human rights, contradicting the Montevideo Convention (1933). Through bibliographic and documentary research in State Theory and International Law, it examines the original Constituent Power, conditioned efficacy (Sarlet/Alexy), and the conflict between human dignity and territorial integrity. Results reveal the need for symbiosis: constitutionalization and recognition must walk together. Somaliland – unique case where the recognized State (Somalia) faces chaos/terrorism, while the emerging State demonstrates exemplary functionality – concretizes fundamental rights without global access. It concludes that, where internal constitutionalization already realizes fundamental rights, international recognition becomes a systemic coherence imperative. Only then will universal human rights cease to be an abstract proclamation and become an effective reality.