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The enigma of recognition of administrative acts issued by non-recognised regimes

Author

Listed:
  • Jakub HANDRLICA

    (Full Professor of Administrative Law, Faculty of Law, Charles University,Prague, Czech Republic, Visiting Fellow at the European Law & Governance School, Athens,Hellenic Republic.)

  • Gabriela PROKOPOVA

    (Assistant Professor, Faculty of Law, Charles University, Prague, Czech Republic.)

  • Liliija SERHIICHUK

    (Ph.D. candidate, Faculty of Law, Charles University, Prague, Czech Republic.)

  • Vladimir SHARP

    (Assistant Professor, Faculty of Law, Charles University, Prague, Czech Republic.)

Abstract

The emergence of several non-recognised regimes on the periphery of Europe implies a myriad of challenges in law. Despite an absence of international recognition for these regimes, they produce their own law and, at the same time, apply and enforce these laws within their territory. With regard to the application of the law, as established by these non-recognised regimes, the question of potential recognition arises. Will a driving licence, issued by the State Palestine, gain any legal effects in those States that haven’t yet recognised Palestine as an independent entity? Is a university diploma, issued by the Abkhaz State University, recognised abroad, even though a recognition of Abkhazia is absent? Can a refugee demonstrate his identity by an official document, issued by the Lugansk or Donetsk Peoples Republics? This paper aims to offer a solution to answer these topical, albeit so far virtually unexplored, questions.

Suggested Citation

  • Jakub HANDRLICA & Gabriela PROKOPOVA & Liliija SERHIICHUK & Vladimir SHARP, 2023. "The enigma of recognition of administrative acts issued by non-recognised regimes," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 13(4), pages 513-535, December.
    • Handle: RePEc:asr:journl:v:13:y:2023:i:4:p:513-535
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    More about this item

    Keywords

    recognition of administrative acts; non-recognised entities; de facto regimes; one-voice theory; factual theory; humanitarian reservation.;
    All these keywords.

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law

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