Unrecognized states of the modern world: problems of international legal recognition and ways to overcome them

Abstract

This article is devoted to the institute of international legal recognition. The article considers the current problems concerning the institute of diplomatic recognition nowadays which need to be resolved. The role and importance of the institute of diplomatic recognition in the international law are researched in the article. The classifications of unrecognized states is provided in the article. The research on the theories and types of diplomatic recognition was carried out, as well as the advantages and disadvantages of each of them were analyzed. Achievement of de–facto independence, lack of full membership of the international community, demonstrated wish to obtain de–jure independence are among them. The article outlines the underlying reasons, ways of emergence, and the existence of unrecognized states; the basic approaches of their classification are described. Special attention is paid to the principle of territorial integrity and the right of self-determination of peoples. The political-legal collision of the principle of territorial integrity and the right of self-determination of peoples as one of the main grounds for the recognition of new states, the criteria of recognition of states are considered. It is mentioned out that existing sound theoretical developments in recognition, in particular theories and forms of recognition, cannot fully provide a consolidated position on recognition and the legal aspects associated with it. The article presents the urgent need for resolving the problems that currently exist in this institution and suggests elaborating formal criteria that will allow the world community (under specific conditions) to legitimize the newly created states, regulate and establish a single procedure of diplomatic recognition.