The article analyzes the concept of “unrecognized State” and its impact on human rights from the point of view of the theory of international law. A distinction is made between the concept of the personality of a State and the concept of a State as a subject of international law. This gives grounds to assert that the “unrecognized State” as a social community first forms the internal sphere of its personality, and then seeks to create the foundations of its external sphere. The limits of realization of the right to recognition in modern international practice are analyzed, as well as the international legal significance of the act of declaration of independence. It is argued that the significance of this act lies in the obligation of all States to strive for a peaceful settlement of the situation of non-recognition and to prevent the deterioration of the situation of the population of unrecognized States. It is concluded that in international law there is an understanding of the need to consolidate the universal positive obligation to recognize the civil, social, cultural and other rights of persons living in the territory controlled by an “unrecognized State”. In order to implement this, the concept of an international “minimum humanitarian standard for the rights and freedoms of persons” living on the territory of an “unrecognized State” is put forward.

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The Status of an Unrecognized State and Human Rights Through the Prism of Public International Law

  • Anatoliy Kapustin

摘要

The article analyzes the concept of “unrecognized State” and its impact on human rights from the point of view of the theory of international law. A distinction is made between the concept of the personality of a State and the concept of a State as a subject of international law. This gives grounds to assert that the “unrecognized State” as a social community first forms the internal sphere of its personality, and then seeks to create the foundations of its external sphere. The limits of realization of the right to recognition in modern international practice are analyzed, as well as the international legal significance of the act of declaration of independence. It is argued that the significance of this act lies in the obligation of all States to strive for a peaceful settlement of the situation of non-recognition and to prevent the deterioration of the situation of the population of unrecognized States. It is concluded that in international law there is an understanding of the need to consolidate the universal positive obligation to recognize the civil, social, cultural and other rights of persons living in the territory controlled by an “unrecognized State”. In order to implement this, the concept of an international “minimum humanitarian standard for the rights and freedoms of persons” living on the territory of an “unrecognized State” is put forward.