The Principle of Non-Recognition of States Arising from Serious Breaches of Peremptory Norms of International Law

Abstract

[EN] The concept of recognition of States comprises both political and legal aspects. Over time, its nature has been addressed in different ways that have given rise to a debate encompassing the topic of what statehood is, according to international law. The notions of international personality, which is bestowed upon certain international actors, and of capacity to act, as a manifestation of the former, aid in understanding recognition at the present day. On this basis, an ‘obligation of non-recognition’ when faced with new States arising as a result of the commission of unlawful international actions takes the shape of a restriction upon the capacity to act. Moreover, it may observed that when the breach is of peremptory norms of international law, the corollary of a principle of non-recognition would come into play, affecting the appearance of elements of statehood.