THE PROBLEMS OF THE APPLICATION OF LAW OF UNRECOGNISED STATES IN INTERNATIONAL LAW
Journal: Scientific review, Науковий огляд, Научное обозрение (Vol.2, No. 45)Publication Date: 2018-04-10
Authors : S. V. Miasoiedova A. V. Komlyk;
Page : 123-132
Keywords : application of foreign law; establishment of content of foreign law; qualification of foreign law; unrecognized states; unrecognized governments; international recognition; sovereignty;
Abstract
The article is devoted to the study of the problems of the application of law of unrecognized states in international law. The concept of application of foreign law in general and the legislation of unrecognized states in particular is defined. It is indicated that the relation to foreign law, as an actual circumstance or as a legal category, is determined by the method of foreign law application, which varies depending on the legal family to which a particular state belongs. Two main theories concerning recognition are investigated: declarative and constitutive. The notions of "unrecognized states" and "unrecognized governments" are delimited.The peculiarities of the application of the law of unrecognized states in international law are defined.
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