Socrates. 2020, 2 (17)

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Browsing Socrates. 2020, 2 (17) by Author "Grasis, Janis ²"

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    Importance of Legal Criteria for State Recognition: How Legitimate is State Recognition in International Law?
    (Rīgas Stradiņa universitāte / Rīga Stradiņš University, 2020) Chakhvadze, George ¹; Grasis, Janis ²; ¹ Ivane Javakhishvili Tbilisi State University, Georgia; ² Rīga Stradiņš University, Faculty of Law, Latvia
    The article discusses some aspects of the recognition of states in international law. Taking into account current political situation in the world, the issue of state recognition at present is very important and topical. Recognition of new states is an act that can be performed by other states. Recognition of states is normally expressed by states addressing newly formed states and declaring the nature of their relationship with their government. Frequently the issue of state recognition is related to the mode of state origin. The article argues that during the collapse of colonial systems as the result of the demise of the Soviet Union, the institution of state recognition had certain specific, and such criteria are no longer applicable with respect to unitary states. It is shown that nowadays state recognition is still non-codified, and the practice of states is very diverse. Any act of foreign state recognition is justified unless it contradicts peremptory norms of international law. The Paper proposes the need for legal criteria for state recognition, because under current circumstances, the purpose of state recognition may not still be legitimate even when formal criteria of jus cogens norms are met. The introduction of such criteria would guarantee more credibility and sustainability in international relations.