ABSTRACT
The chapter argues that recognition of the legitimacy of transitional governments should not be subject to stricter standards. On the contrary, because of the importance of internal legitimacy, sovereign powers should be encouraged to grant “external legitimacy” to transitional governments so as to facilitate effective statebuilding. This claim is based on the lex lata on recognition of the legitimacy of transitional governments. It begins by defining legality and internal and external legitimacy, and by addressing definitions of democratization. It then notes that other than effective control of the territory, governments of both democratic and non-democratic regimes enjoy external and internal legitimacy. It further notes that governments also often enjoy internal and external legitimacy notwithstanding how they came to power. It concludes that states’ practice demonstrates that neither democratization or legality are required for the recognition of the legitimacy of extant governments, or transitional governments for that matter.
