State entities and the challenges of their recognition in international law
State entities and the challenges of their recognition in international law

Summary/Abstract: The institution of recognition in the international public law can be defined as the desire of a state to establish and maintain official Relations with another state, respectively with its government. The recognition of a state is the act by which a state admits that a political entity fulfills the conditions specific to a state (takes note of the emergence of this new subject of law) and express its will to consider it a member of the international community, recognition being a matter of pure intention, it is up to the existing state to recognize a new state or not. States are the main subjects of international law. For an entity to be considered as a state, it must meet the criterion established in art. 1 of the 1933 Montevideo Convention on the Rights and Obligations of States, namely to have a permanent population, defined territory, government, as well as the ability to enter into relations with other States. On the on the other hand, there are contemporary geopolitics entities that tends to be recognized as sovereign states under international law but do not enjoy full global diplomatic recognition. They are divided into two categories: entities that have complete or partial control over them claimed territories and is de facto self- governing, with the desire to obtain total independence; respectively entities that do not have control over the claimed territory, but have been recognized as having a de jure right over the respective territory at least one other generally recognized nation. These special situations will be addressed in the paper, with some concrete examples from the international current affairs.

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