THE LAW OF UNRECOGNIZED STATES IN INTERNATIONAL LAW

Authors

  • Sauryk Abirbek

DOI:

https://doi.org/10.52026/2788-5291_2021_64_1_266

Keywords:

law of unrecognized states, application of foreign law, recognition of foreign documents, conflict of laws, apostilled documents, recognition of the state

Abstract

This article discusses the problems regarding the recognition of the jurisdiction of unrecognized states, the recognition of their individual documents and court decisions in accordance with international law. The urgency of this problem lies in the possibility of recognizing the rights of unrecognized states, given the unregulated status of their status under international public law. The existence of unrecognized states is a great obstacle in the settlement of many disputes, since international public law is unable to determine their legal status. However, it should also be borne in mind that these states, in turn, are progressively developing, creating external relations. This itself can be assumed that these associations satisfy all the requirements provided for in the Montevideo Convention on the Rights and Duties of the State of 1933. Nevertheless, the solution to the problem regarding the status of unrecognized states under international public law runs into a dead end, but other issues are raised in the field of private international law. Should states accept the jurisdiction, documents and judgments of unrecognized states?! In this regard, in the scientific community there are great discussions on solving this problem. This article will be considered using scientific methods of general and comparative legal analysis, which will give answers about the possibility of recognition of jurisdiction, documents and court decisions of unrecognized states. In the conclusion of this article, the author states that in international law there are no treaty norms and international customary norms regarding the application of the law of unrecognized states, the author also offers a set of recommendations for solving this problem using the doctrine of international law and judicial precedents.

Published

30.03.2021

How to Cite

Abirbek С. Т. (2021). THE LAW OF UNRECOGNIZED STATES IN INTERNATIONAL LAW. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 1(64). https://doi.org/10.52026/2788-5291_2021_64_1_266