International Legal Status of Unrecognized States

Abstract

The article is devoted to the analysis of the international legal status of unrecognized states in the light of international socio-political relations in the twenty-first century. The authors analyze various approaches to the definition of «unrecognized state» and develop their own definition of this concept on their basis.
Special attention is paid to the characteristic features inherent in unrecognized states as an important aspect in the formation of their special political and legal status. These include: declaration of sovereignty; lack of international recognition; limited international relations; political instability; achievement of de facto independence; demonstration of a desire to obtain de jure independence.
The author examines the geopolitical, legal, ethno-cultural, socio-economic, and historical prerequisites that lead to the formation of such political entities on the territories of modern states. The author analyzes declarative and constitutional approaches to the formation of the status of unrecognized states. It is established that in the modern world none of these approaches exists in its pure form.
Attention is drawn to the need to regulate the process of overcoming the contradiction between the principle of the right of peoples to self-determination and the principle of territorial integrity, to clearly separate the concepts of «unrecognized state» and «temporarily occupied territory», and to create international mechanisms for the recognition of newly formed states.
The author determines that proper regulation of the international legal status of unrecognized states will contribute to the development of their political system and economy, provide access to international organizations and markets, and facilitate cooperation with other sovereign states.
It is emphasized that the implementation of scientifically based international legal norms and mechanisms regulating the process of recognition of newly formed states will contribute to the strengthening of the international system and the expansion of international cooperation between states.