The Legal Consequences Of The De Facto Existence

1726 Words Aug 9th, 2016 7 Pages
The Legal Consequences of the de facto Existence in the International Community

ABSTRACT

The relationship between recognition and international legal personality has been debated by constitutive and declaratory theory. This article argues that opportunities to participating in international relations ought not to be denied due to the lack of formal recognition, and demonstrates how different international fora make accommodations to ensure that unrecognized states can participate. It aims to understand ‘the de facto states’ that do not exist in international relations, how they survive, and what sort of entities evolve in the context of non-recognition.

KEYWORDS: unrecognized state, recognition, legitimacy to participate in international relations, unrecognized states wanting to participate in international relations faces numerous obstacles.

I. Introduction:
The concept of Unrecognized states (Their statutes in international relations)
Unrecognized states are territories that have achieved de facto independence but failed to gain international recognition as independent states. The states themselves have little in common beyond often sharing a common reason for being unrecognized: they have come into being after succeeding from another state. Their statuses are conditioned by conflict and an unwelcomed effect of the dominant norms of international law, and thus find it difficult to gain recognition. The international community may react to…
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