Recognition of States: A Comment

Abstract

Legal issues arising from dissolution of states, emergence of new states and recognition of the latter require a thorough understanding of the relevant facts. While it is obvious that any legal discourse must proceed from firm factual foundations, it is necessary to emphasize the importance of the circumstantial dimensions of the issues, given that the views on the pertinent facts usually diverge, at least during the policymaking stage. Assessment of facts is much easier from a historical distance. Nobody questions today the wisdom of recognizing the dissolution of the Spanish colonial empire in Latin America, or the independence of Greece from the Ottoman rule. These events belong to history and have a comfortable place in contemporary textbooks on international law. However, at their time they were among the most controversial political issues of the time and contributed considerably to the collapse of the hitherto prevailing international system which was based on the principles of the Holy Alliance. The principle of legitimacy as understood at that time had to give way to independence of new states. Therefore, it seems necessary to recognize that the 'facts' and 'policy matters' concerning dissolution of states, emergence of new states and recognition of the latter contain more than facts per se: they also contain an important contextual dimension and it is necessary to make an effort to understand it as completely as possible. It is necessary to comprehend the historical context within which they take place, as well as their effect on the functioning of the international system.