Recognition of Governments and the Case of the Taliban.

This article analyzes the international legal and political complexities surrounding the recognition of the Taliban as the government of Afghanistan following its 2021 takeover. It highlights the widespread but varied State practice of refraining from formal recognition of governments, instead engaging with the Taliban through diplomatic contacts, bilateral agreements, and practical cooperation without conferring official recognition. The article underscores the discretionary and often idiosyncratic criteria States apply for recognition, including conditions related to human rights, inclusivity, and counterterrorism, revealing the arbitrary nature of recognition decisions and the limited role of democratic legitimacy in this case. It further explores the ambiguous status of unrecognised de facto governments under international and domestic law, noting that while some States treat the Taliban as bearing Afghanistan's international obligations, others regard it as a non-State actor, and that access to Afghan state assets abroad remains contested. Overall, the Taliban case illustrates the blurred distinction between recognition and engagement, the political use of recognition as leverage, and the challenges in applying consistent legal principles to government recognition.