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Non-Recognition Of States: Employment Of Legal Principles For Non-Recognition And Consequences Of Non-Recognition


Anjali Jain, LLB (H) at Amity Law School, Ranchi, Amity University, Jharkhand


ABSTRACT


One of the most important principles of international law is the non- recognition of states. It is applied when a state is created or its government is established in a way that is contrary to international legal norms, for example, via forceful territory acquisition or grave breaches of human rights. Non-recognition is guided by legal concepts, such as the need to refrain from recognizing circumstances that arise from acts of aggression or violations of basic international law. These guidelines are meant to ensure that states cannot obtain legitimacy by engaging in illegal activity and that situations that are illegal cannot give rise to legal rights.


The ramifications of not being acknowledged are noteworthy. A state that is not recognized is unable to participate fully in international organizations, conduct diplomatic relations, or exercise its legal rights. Such states or regimes may face pressure to adhere to international norms as a result of their legal isolation. Thus, the notion of non-recognition functions as both a legal tool and a form of sanction to enforce adherence to international law norms.


The ideas of non-recognition and its disadvantages are emphasized in the following paper. In addition, it discusses the ramifications of states not being acknowledged and offers a brief outline of a more effective strategy for handling these unacknowledged states.


Keywords: International law; recognition; non-recognition; doctrines; non- state actors.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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