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

Abstract

Abstract The concept of recognition of States comprises both political and legal aspects. Over time, its nature has been addresssd 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 in 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 be 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.