Abstract

DAL RI JUNIOR, Arno  and  CARNESELLA, Gustavo. The Recognition of New States as Subjects in the Science of International Law Since the Beginning of the World War II: Doctrinal Approaches from the Montevideo Convention to the “Kosovo Advisory Opinion” (1933-2010). Anu. Mex. Der. Inter [online]. 2017, vol.17, pp.513-546. ISSN 1870-4654.

The essay studies the recognition of States, assessing its repercussion in the international community. Firstly, the study seeks to survey the theory and to explain its historical itinerary. It observes State practice on the act of recognition and the international legal instruments which define the requirements of a State, such as the Montevideo Convention. In this context, it investigates the phenomenom of the fragmentation of international subjectivity of States and its effects upon the creation of new territorial entities. Lastly, in light of the Kosovo case and the Advisory Opinion of the International Court of Justice, it is understood that the recognition of new States is governed by rules that are not entirely abided by the members of the international community.

Keywords : creation of States; recognition of States; subjects of International Law; Montevideo Convention; Kosovo.

        · abstract in Spanish | French     · text in Spanish     · Spanish ( pdf )