Vendredi 21 janvier 2022: Monsieur Pavle Kilibarda

Monsieur Monsieur Pavle Kilibarda soutiendra, en vue de l'obtention du grade de docteur en droit, sa thèse intitulée:

« Recognition of States in International Law »

Vendredi 21 janvier 2022 – 14h15

Soutenance en ligne*

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* par ZOOM : https://unige.zoom.us/j/67857759168

Résumé:

Although recognition of States retains a fundamental importance in international law and is a common occurrence in international relations, its legal meaning remains unclear well into the twenty-first century. This thesis proposes a re-evaluation of the legal act of recognition by focusing on its normative character and its importance for the opposability of States’ legal personality in interstate relations.

To fully understand recognition, it is necessary to adopt an analytical approach and analyse this act in relation to its object and effects. There is no rule explicitly regulating the effects of recognition in general international law. However, as an act governed by the principle of good faith, recognition may produce binding legal effects for its author insofar as it is in conformity with international law. This means that recognition can and does make the recipient’s statehood opposable to the granting State. However, in some situations, statehood may be opposable even in the absence of recognition by virtue of other norms of international law applicable to the situation. This means that recognition will at times have a constitutive effect, and a declaratory effect at others. The present thesis seeks to identify and distinguish between these situations and to develop a truly comprehensive approach to recognition and statehood.

In addition to analysing the effects of recognition on the basis of various doctrinal works and international and domestic jurisprudence and practice, the thesis examines the functions and types of recognition, including implied and collective recognition; the legal content of recognition; the preconditions of recognition and the notion of premature recognition; withdrawal of recognition; and the role and importance of other types of recognition, namely that of governments, belligerency and territorial claims, in contemporary international law.