Современные подходы к теориям признания новых государств в международном праве

Abstract

The article examines the problem of recognition of new states in international law. The author considers the concept, sources, theories, criteria of the institution of recognition of new states. The author analyzes various theories of the Institute of recognition of states, taking into account the provisions of the international law doctrine and practice. The author notes that at the present stage of development of the institute of recognition we should be guided by the mixed theory of recognition as the most corresponding to international law, and by States’ practice. The author discloses criteria for the recognition of States enshrined in international legal acts. At the same time, the author singles out the criterion of the legality of new states’ emergence. The conclusion is that the creation of a new State as a subject of international law is legitimate, if its appearance corresponds to the fundamental principles of international law. The appearance of a new state must not violate the mandatory principles of international law jus cogens, otherwise, a territorial formation can not claim to be internationally recognized and must be considered from the point of view of international law as illegally created.