Neutrality, Objectivity and the Values of the International Community in the Law and Practice of State Recognition.

2017 ◽  
Author(s):  
Frannois Finck
Keyword(s):  
International Community ◽  
State Recognition ◽  
The Law

scholarly journals Some problems of ad hoc recognition in the modern international law

2020 ◽  
pp. 23-27
Author(s):  
Ivanna Maryniv ◽  
Alyona Morozova
Keyword(s):  
International Law ◽  
Ad Hoc ◽  
International Community ◽  
Scientific Article ◽  
Main Body ◽  
Practical Application ◽  
State Recognition ◽  
Scientific Papers ◽  
Theoretical Issues ◽  
Official Recognition

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.

Leveraging Emerging Technology for LOAC Compliance

2019 ◽  
pp. 45-68
Author(s):  
Eric Talbot Jensen ◽  
Alan Hickey
Keyword(s):  
Armed Conflict ◽  
Emerging Technologies ◽  
Emerging Technology ◽  
International Community ◽  
Civilian Population ◽  
Law Of Armed Conflict ◽  
The Law

Many of the current issues with the Law of Armed Conflict (LOAC) compliance are rooted in the limitation that parties to an armed conflict are only required to do what is “feasible” to protect civilians and civilian objects during hostilities. This would, of course, apply to the employment of emerging technologies. However, an understanding of feasibility that is enlightened by the use of emerging technologies will dramatically increase the effectiveness of steps which parties to an armed conflict can take to protect the civilian population. Further, the effectiveness and ease of application of these emerging technologies should be reflected in what the international community accepts as feasible actions by the parties to an armed conflict.

scholarly journals The Problem of Determining the Law Applicable to Damageable Act in the High Seas Pursuant to the Jordanian International Private Law

2019 ◽  
Vol 12 (1) ◽  
pp. 11
Author(s):  
Khaldoun Said Saleh Qtaishat
Keyword(s):  
Present Article ◽  
International Community ◽  
Civil Code ◽  
Private Law ◽  
Commercial Law ◽  
International Private Law ◽  
The Law ◽  
The Way ◽  
High Seas

In the present article, the author examines one of the most important issues related to the international private law. This issue is how to determine the law applicable to damageable act in the high seas according to the Jordanian international private law. This problem is represented in the way of how the Jordanian legislator, in general, deals with the law applicable to the damageable act in the Jordanian civil code without dealing with the problem of identifying the law applicable to the damageable act in the high seas, which leads the author to ask and answer about how to determine the law applicable to this damageable act. The jurisprudence of the international private law pays great deal of attention to the problem of the law applicable to damageable act on the high seas, where many opinions try to solve it. The international community also takes notice of this problem as well as the result of this attention the emergence of the Brussels maritime Collision Convention in 1910. It is worth mentioning that Jordanian legislator has addressed the issue of maritime collision in the Jordanian maritime commercial law which contains numerous provisions that match perfectly with the provisions of the Brussels Collision Convention in 1910.

International Law and Peaceful Change

2021 ◽  
Author(s):  
Jennifer M. Welsh
Keyword(s):  
International Law ◽  
International System ◽  
Civil Conflict ◽  
Self Determination ◽  
The Political ◽  
State Recognition ◽  
The Status ◽  
Constructivist Perspective ◽  
The Law ◽  
Key Resources

This chapter argues for and adopts a constructivist perspective on international law as closely interrelated with international politics and as having regulative, constitutive, and permissive effects. It begins by illustrating how rules that have the status of law are not simply functional solutions to dilemmas of cooperation among states, but also expressions of prevailing conceptions of legitimate action and key resources for practices of justification and legitimation. The chapter then examines law’s role in effecting change—both in the practices and patterns of relations among the key units of the international system (sovereign states) through the law prohibiting the use of force, and in the number of those units over time through the law relating to state recognition. The chapter shows that while international law has made significant contributions to peaceful change—particularly through the gradual delegitimization of wars of conquest and territorial aggrandizement—its understanding of self-determination and its stance toward civil conflict have also helped to preserve a system of states that assumes both the political and territorial legitimacy of sovereign units. In short, international law can also be a force for peaceful, and not so peaceful, continuity.

Conclusion

2018 ◽  
Author(s):  
Edward Chukwuemeke Okeke
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
International Community ◽  
International Organization ◽  
Course Of Action ◽  
The Law

The conclusion makes the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. Contrary to the polemic that immunity breeds impunity, jurisdictional immunities promote respect for international law rather than undermine it. Even where a State or an international organization is immune, it may still be responsible for a wrongful act. To be sure, immunities can be abused. However, abuse of immunity is a different question from the necessity of immunity. The book concludes with the submission that if the international community finds the international law of jurisdictional immunities of States and international organizations to be illegitimate or inadequate, then the proper course of action is to re-evaluate the goals served by the law.

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