Articles

• Hillgruber, Christian

Abstract

While the political relevance of the recognition of new states is beyond all doubt, the rules of law which apply to this aspect of public international law remain uncertain. The new practice of recognition of the recently established states of Eastern Europe and the former Soviet Union since 1991 is said to have overridden the traditional principles of public international law regarding recognition. Indeed, the predominant declarative theory cannot explain this new practice convincingly. The integration of a new state in the international community does not take place automatically, but through co-optation; that is, by individual and collective recognition on the part of the already existing states. By the procedure of recognition, these states exercise their prerogative to determine in advance whether the newcomer, in their judgment, is able and willing to carry out all Its obligations as a subject of international law. whether it will be a reliable member of the international community. Therefore, the ability and willingness of the new state to respect international law constitute the central criteria of statehood in terms of international law. They are decisive for the conferment of legal capacity under international law.