Some problems of ad hoc recognition in the modern international law

Abstract

Formulation of the problem. The article deals with general theoretical issues related to the institution of international legal recognition. The basic theories of state recognition, problems arising in connection with their practical application and forms of state recognition are studied. Questions are raised about the problem of codification of this institution. Particular attention is paid to the practice of forced relations with unrecognized states. With the growth of globalization, the question of the formation of unrecognized states is becoming more frequent and more acute. In an interdependent, interconnected world that is gaining global integrity, one of the highest values has become independent statehood. The emergence of unrecognized states is a global problem for the international community, which cannot always be resolved even by such influential and powerful organizations as the UN and NATO.

Analysis of recent research and publications. Among scholars who specialize in international law, there are many scientific papers on the problems of recognition. M. Aleksievets, S. Vidnyansky, V. Golovchenko, A. Zlenko, O. Ivchenko, B. Korneenko, Y. Makar, V. Matvienko, L. Chekalenko and many other domestic authors devoted their works to this issue.

The purpose of the scientific article is a general overview of theories, procedures, forms of recognition of states, and the study of relevant practices in this area.

Article’s main body. The article deals with issues related to the international recognition of the newly created states by other states. In this regard, there are a number of unresolved issues in international law in terms of their justification and regulation. The authors point out that when a new state is created, the international community should cooperate in some way with it, and there are no certain international norms on how to act. The article examines the main provisions of theories of recognition of states: constitutive and declarative, and the problems that arise in connection with their practical application. The authors consider the thesis that there is a world practice when states can enter into certain relations with other states before their official recognition, explaining this by the existence of three possible forms of recognition: “de jure”, “de facto”, “ad hoc”. At the same time, diplomatic relations and exchange of embassies arise only during the official recognition – recognition “de jure”.

Conclusions and prospects for the development: The lack of an international act that would define the procedure and criteria for the recognition of states is due to the uniqueness of each case and the complex system of international relations. Currently, there are no clear and specific criteria that would determine when and under what conditions a new state can be recognized or not recognized by the international community. The emergence of an increasing number of unrecognized states in the international arena requires new approaches and research.