Recognition of the state in modern international law (on the example of Kosovo)

Abstract

Problem setting. International science has long been discussing the mechanism of legal recognition of newly created states. And in general the need for the existence of such an international legal institution as the recognition of states. If until the twentieth century this institution was considered as a purely theoretical component of the science of public international law, then with the collapse of the Soviet Union, Yugoslavia, Czechoslovakia, more than twenty new statessubjects of international law were formed. The need for their recognition by the international community has actualized the interest in this institution in international law. However, since then, the mechanism and criteria for such recognition have not been unified. Therefore, for example, the situation with the recognition of Kosovo still remains quite ambiguous.

Target of research. The purpose of this study is the trace genesis of the development of the institution of recognition of states in international law, provide a doctrinal definition and scientific criteria for the recognition of states. On the example of Kosovo to analyze the current state of privately defined states in terms of their powers in the international arena.

Analysis of resent researches and publications. The following scientists were engaged in research of the specified question: L. V. Shpakovsky, V. V. Ishchenko, T. V. Tsymbrivsky, P. V. Otenko, Yu. P. Ignatiuk, I. Ye. Khmelyova, A. I. Grigorshin. This question has been studied among foreign researchers: E. A. Kholina, R. Karaev, D. A. Budko.

Article’s main body. The article considers the main approaches to the institution of international recognition of states. Examples of criteria for such recognition are proposed by both international legal doctrine and international organizations in the process of their functioning and interaction with states. Declarative and constitutive theories of recognition of states are analyzed. It also examines the current state and status of Kosovo as a partially recognized state.

Conclusions and prospects for the development. The problem of international recognition of the state is extremely important and needs to be resolved as soon as possible. That the very ability of recognized national institutions to respond quickly to the principles of society and geopolitical changes are the marketing dynamics of the development of the entire world community. In this regard, it is appropriate to systematize and harmonize the existing norms on the international definition of states and to carry out their further codification. Since most countries of the world still recognized Kosovo as a newly created state, in our opinion, such recognition is appropriate for all other countries. For other unrecognized territories, each case of recognition of new countries before the creation of a single codified act should be considered individually and not through the prism of the formation of Kosovo.