Podstawy prawne zbiorowej odmowy uznania państw na forum organizacji uniwersalnych - studium przypadków

Abstract

The article aims to study the cases of collective non-recognition of certain States by the League of Nations and the United Nations, and to determine the legal basis of the measures adopted. The author divides the legal grounds for non-recognition into substantive and formal ones. In the course of the case study, four substantive grounds are identified, more than one of which was violatedduring the process of creation of each non-recognized State: the ban on the use of force, the territorial integrity of States, the right to self-determination and the prohibition of apartheid andracial discrimination. The examination of formal grounds reveals that the virtually universal compliance with UN calls might have been driven not only by binding resolutions but also by thetreaties, customary norms and peremptory norms, binding different UN members and nonmembers to a varying extent. Still, since the non-recognized States were neither members of the UN nor were bound by respective treaties, the illegality of their creation may only be explained with reference to violation of the peremptory norms and, in some cases, of the customary norms of international law.