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
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