Recognition of Kosovo with Regard to International Law (original) (raw)
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Recognition of States in International Law - Legal and Political Considerations
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Recognition of States in International Law
In this study, we generally handle the recognition of States in respect of the international law with its historical background, referring to the different views on the issue. Although the subject of recognition can be explained under some several topics, it is generally accepted that the recognition in itself means only the recognition of the states rather than the recognition of belligerency or recognition of governments. Because the recognition of the states brings some burdens on the recognizing states, the recognizing states always act politically rather than acting in any other way. Because there have always been the interests of the existing states. Therefore the problem is far from being solved by only the principals of the international law. So we also choose to handle the very controversial issues of the recognition such as: the, constitutive and explanatory theories pertaining to the recognition, de jure and de facto recognition, when the recognition constitutes interference to another state’s internal affairs and many other debates here. Because, there are still so many units (not yet recognized states) waiting for being recognized which we handle in this article.
SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law, 2020
The article discusses some aspects of the recognition of states in international law. Taking into account current political situation in the world, the issue of state recognition at present is very important and topical. Recognition of new states is an act that can be performed by other states. Recognition of states is normally expressed by states addressing newly formed states and declaring the nature of their relationship with their government. Frequently the issue of state recognition is related to the mode of state origin. The article argues that during the collapse of colonial systems as the result of the demise of the Soviet Union, the institution of state recognition had certain specific, and such criteria are no longer applicable with respect to unitary states. It is shown that nowadays state recognition is still non-codified, and the practice of states is very diverse. Any act of foreign state recognition is justified unless it contradicts peremptory norms of international ...
Recognition of States: The Matters Still Unresolved
The question relating to recognition of states is a growing concern whereas new states under current state of things could only be created through breaking away from an already established state. Since there is no universally accepted legal document nor a guideline to properly recognizes an entity's claim for statehood, recourse has been often made to Articles 1 of the Montevideo Convention on the Rights and Duties of States which has become a customary international norm pertaining to the subject. However, the Montevideo Convention was not drafted to be used at a universal level and it was agreed upon by the American States to make their respective claims for their newly gained independence. The Montevideo Convention is outdated since the political realities has changed since its enactment. and this is also evident from the efforts of the European Union when they tried to establish new grounds for recognition of the entities making claims for statehood in the Eastern Europe which became a futile endeavor. Matters were further complicated by the International Court of Justice's judgement regarding the unilateral declaration of Kosovo where the ICJ failed to either decide or comment on the international law relating to recognition of states.Therefore, this article attempts to bring into context the issues related to recognition of states and where the international legal community stands regarding building up a proper mechanism to recognize statehood of entities making such claims.
RECOGNITION OF NEW STATES: KOSOVO CASE
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The recognition of Kosovo is an issue in some part of the international community even though its independence has been recognized by 116 states and that the ICJ has given a legal opinion which confirmed that the independence was not a violation of international law. This paper analysis the pros and cons and the difficulties created by the non-recognition of Kosovo both for the region and broader, dealing not only with the political reasons and difficulties. The paper is written by using combined methodology and methods: systemic analysis, of legal analysis, and method of comparison analysis. Conclusions and recommendations are expected to be a contribution towards a further debate about the importance of the recognition of the state of Kosovo.
International Recognition Evolving Statehood Criterion: Comparative Analysis of Palestine and Kosovo
2012
In today's 21 st Century, the international community continues to develop to the extent that even the existence of a new State is possible as the world map continues to change. But what are Statehood criteria and what does a nation have to do to become a State? What if a nation fulfils the Statehood criteria and yet the international community denies it Statehood? The great gap in the appearance of such a nation, that claims statehood in the international community as a State with full international personality, appears to be the lack of international recognition by the other States, including United Nations' membership, which could demolish its potential Statehood. International recognition is one of the most difficult concepts in international law because of both its political and legal dimensions. Between the legal framework and the States' practice, it is hard to have a solid position on whether the entity is a State or not. James Crawford, a leading scholar in the field of Statehood, emphasized the linkage between the act of recognition and the notion of Statehood as an inevitable connection. In this thesis, I will argue that the fulfilment of statehood criteria should not include the requirement of international recognition, because the existence of a nation as a State should not depend solely on the political bias of other States.
Recognition is a legal requirement for statehood
To begin with, it has been indicated that the recognition of States would continue " in accordance with common international doctrine " 1 in 1980, the British government announced its new policy on recognition of government. Hence forth, it was not actually going to recognize governments. By the time in British practice, it could be possible to argue that the distinction between statehood and recognition was scarce of any account.2In other words, unless there were pressing reasons, usually of a legal kind, for not regarding an effective and territorial group as a State, the British government would regard it as a State and recognize it as a State.3 it would not be sufficent to say that the vast expansion of States during the period of decolonization presented generally no difficulty for that approach. Under those circumstances, according to Hersch Lauterpacht, while the political relevance of the recognition of new states is beyond all doubt, the rules of law which apply to this aspect of public international law remained uncertain. With this in mind, although the definition of statehood is not easy, it is possible to say that statehood is the legal status of a territory under customary international law and implies the existence of certain rights and duties inherent in this status.4 On the other hand, recognition of a new state is an act that confers a status; as a result of recognition, the recognized entity acquires the legal status of a state under international law.5 Importantly the Montevideo Convention,6 not only listed the requirements for statehood but also referred to the recognition of statehood and in doing so drew attention to what is arguably the most complicated, and assuredly the most politicized, an aspect of statehood: recognition.7 The main purpose of this paper is to discuss and examine that if recognition is a legal requirement for statehood or not as well as analyzing their relationship with each other. Therefore, the article proceeds as follows. The first part of this article will try to analyse the four criteria and requirements which are generally accepted to be the crystallization of the customary international law for statehood. Secondly, this article will try to analyse the recognition of states concepts in international law with their theoretical overlay. Finally, based on the legal analysis performed, it will lead to a conclusion about if recognition is a legal requirement for statehood or not. Firstly, much has been said already of the fact that international law is concerned primarily with the rights and duties of states and there is no doubt that states are the major legal persons (or 'subjects') of international law.8 In other words, the proposition that international law is largely concerned with States`what they do and how they behave in