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

Abstract

This paper analyses the notion of neutrality of international law in the process of creation of new States. It seeks to answer the questions of the neutrality of international law in the identification of full-fledged members of the international community of States. International practice is analysed, including the practice of de facto entities. This paper also seeks to identify the values promoted by the international community of States when granting recognition, and focuses on democracy, human rights and multi-ethnic statehood. The paper concludes with a defence of effective statehood as a way to realise those values.

Keywords: State; recognition; neutrality; objectivity; democracy; effectiveness; de facto entity.