When Recognition is Constitutive

Abstract

Abstract If there exists no rule of international law applicable to a given situation that would make an entity’s statehood opposable to other States, then opposability could only be based on recognition. International law does not require States to engage in recognition, but it will authorise recognition if the principles of effectivity and legality have been respected. Effectivity means that the recipient of recognition must meet the requirements of material statehood with a reasonable degree of stability so that recognition would not be premature, whereas legality necessitates that the creation of the new State did not entail violations of international law, especially jus cogens. If recognition is given while respecting both principles, then it may be regarded as lawful and will render its object opposable to the recognising State.