Explaining the Legal Effects of Recognition

61 (2) International and Comparative Law Quarterly (2012)

31 Pages Posted: 15 May 2012 Last revised: 14 Jun 2012

See all articles by Jure Vidmar

Jure Vidmar

Maastricht University - Faculty of Law

Date Written: January 15, 2012

Abstract

Recognition in contemporary international law is generally seen as a declaratory act. This is indeed the only plausible explanation in situations where a new state emerges consensually and in the absence of territorial illegality. Unilateral secession and territorial illegality, however, create different legal circumstances in which the applicable rules of international law imply and even presuppose that (collective) recognition could have constitutive effects. The article thus suggests that the interpretation of the legal nature of recognition and non-recognition should not start on the premise that recognition always merely acknowledges the fact of the emergence of a new state. This is not to say that states cannot exist without being recognised. Rather, the legal effects of recognition may depend on the mode of a certain (attempt at) state creation.

Suggested Citation

Vidmar, Jure, Explaining the Legal Effects of Recognition (January 15, 2012). 61 (2) International and Comparative Law Quarterly (2012). Available at SSRN: https://ssrn.com/abstract=2060619

Jure Vidmar (Contact Author)

Maastricht University - Faculty of Law ( email )

P.O. Box 616
Maastricht, 6200
Netherlands

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