Concepts and Practicalities of the Recognition of States

• Autores: Beat Dold
• Localización: Schweizerische Zeitschrift für internationales und europäisches Recht = Revue suisse de droit international et droit européen, ISSN 1019-0406, Vol. 22, Nº 1, 2012, págs. 81-100
• Idioma: inglés
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• Resumen

  • The Swiss recognition of Kosovo a few days after its unilateral declaration of independence on 17 February 2008 has prompted controversial reactions. Issues such as the political expedience of this step, potential conflicts with Switzerland's obligations as a neutral country, and the possibility to revoke the recognition have been raised. These controversies reflect differing views on statehood and recognition that are likely to come up again when a new state is created. It is the purpose of this article to fathom the relation between statehood and recognition. Against the background of recent state practice, it is suggested that recognition, though not status-creating in a legal sense, shows the potential of a creative force strengthening the international ordre public. Furthermore, it will be argued international law imposes certain limits on the discretion exercised by third states, and once recognition is granted legal certainty demands revocation to be impossible unless circumstances alter decisively.