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

20 Pages Posted: 29 Sep 2017

See all articles by François Finck

François Finck

College of Europe, Natolin - European Interdisciplinary Studies

Date Written: September 29, 2017

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.

Suggested Citation

Finck, François, Neutrality, Objectivity and the Values of the International Community in the Law and Practice of State Recognition. (September 29, 2017). European Society of International Law (ESIL) 2017 Research Forum (Granada), Available at SSRN: https://ssrn.com/abstract=3045249 or http://dx.doi.org/10.2139/ssrn.3045249

François Finck (Contact Author)

College of Europe, Natolin - European Interdisciplinary Studies ( email )

ul. Nowoursynowska 84
Warszawa, PL-02-797
Poland

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