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State formation and recognition in international law

Author

Listed:
  • Anthony Murphy

    (Ovidius University of Constanta, Romania)

  • Vlad Stancescu

    (Ovidius University of Constanta, Romania)

Abstract

The following study intends to analyse the evolution of theories regarding the recognition of states in international law. Whereas the Montevideo Criteria contains the legal requirements for statehood, recognition is largely dependent on the political will of the other states. The question faced by the contemporary international community is whether a state is held to recognise another if it meets the said requirements. While the Constitutive Theory insists that a state could only exist as an international legal person if it is recognised by previously-established states, the Declarative Theory rejects such a discretionary process. While the common practice among states was argued to be somewhere in the middle of these two theories, the declarative conception is much closer to the current model followed by the international community as it is also enshrined in the rules contained in the Montevideo Convention and reiterated by the Badinter Commission.

Suggested Citation

  • Anthony Murphy & Vlad Stancescu, 2017. "State formation and recognition in international law," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 7(1), pages 6-14, June.
    • Handle: RePEc:asr:journl:v:7:y:2017:i:1:p:6-14
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    File URL: http://tribunajuridica.eu/arhiva/An7v1/1%20Murphy,%20Stancescu.pdf
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    More about this item

    Keywords

    State recognition; Montevideo Convention; declarative theory; constitutive theory; international law.;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K39 - Law and Economics - - Other Substantive Areas of Law - - - Other

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