SOME ISSUES OF RECOGNISANCE INSTITUTE IN INTERNATIONAL LAW
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article suggests research of the theoretical aspects connected with recognition in international law. Nowadays the research of the issue of new state formations is becoming more up-to-date. The point is there is not a definite position or unified regulatory legal act that regulate the regulation institute. That means that each special body formed on the basis of a national, religious or another idea potentially can strive to gain autonomy and independence. The institute being one of the most important in international law, is still non-codified and up to now it is regulated by custom law standard of international law, its generally accepted principles, someone sided a multilateral agreements, resolutions of international bodies and organizations. In international law, the two most common theories of thought for the creation of statehood are the constitutive and declaratory theories of state creation. Scientists quite often oppose these theories to each other. Although it is to consider them as two necessary states of the process of creating a new state. Firstly the required fact is one of establishing a new state as a result of one or other internal process. On this stage other countries influence should be minimal not to defy principles that have been mentioned, including the right of nations to self-determination, the principle of non-involvement into the states domestic issues. On the other hand, the fact of further recognition is absolutely necessary as the second important stage of setting international states legal identity because in up-to-date globalization terms the state cannot be is dated a form international community. Also, the author of the article suggests pointing out in the convention of international recognition the legal standard which should prohibit to recognize the states and governments which appeared as a result of military conflict or political, economical, informational influence of one or several states. These should be provide international legal responsibility such as international legal sanctions for breaking this standards.
Authors and Affiliations
А. О. Пляка
Keywords
Related Articles
- EP ID EP480457
- DOI -
- Views 111
- Downloads 0
SOME ASPECTS OF NOTARY IN GERMANY
Today in Europe there are three basic models of Latin Notaries, German, French and mixed. German notary model is presented in three forms: notaries, lawyers, notaries, notary-public servants. In the system of the German...
PROBLEMS ASPECTS OF PROTECTION THE INFORMATION SOVEREIGNTY OF THE STATE AND POSSIBILITYES OF ITS PROTECTION IN UKRAINE
Traditional conception of state sovereignty is the basis of all modern system of international relations, in the last decades exposed to the systematic «attacks» from the side of row of the leading states. Thus, in moder...
THE OFFICERS OF THE LAW AS THE SPECIAL SUBJECTS OF THE OFFENSE WHICH IS PROVIDED BY THE PART 1 OF THE ARTICLE 374 OF CRIMINAL CODE OF UKRAINE
The published article is determined for studying such a question as the peculiarities of the officers of the law as the special subjects of the offense which is provided by part 1 of the article 374 of Criminal Code of U...
PECULIARITIES OF LEGAL REGULATION СIMIС ACTIVITYOF THE NORTH ATLANTIC TREATY ORGANIZATION
The article shows the analysis of the basic principles, objectives of the СІМІС according to the fundamental documents of the North Atlantic Alliance. Special attention is paid to the need to approach and understanding o...
THE ROLE OF THE CONSTITUTIONAL COURT PROTECT THE RIGHTS OF PERSONAL HEALTH
The article is devoted to determining the role of the Constitutional Court of Ukraine in protecting the right of a person to health care. The powers of the Constitutional Court of Ukraine in the field of protection of co...