Comparative Study of State Recognition as a result of Instituting a ‎Claim before the International Dispute Settlement Bodies with emphasis ‎on the Jurisprudence of International Court of Justice

Document Type : Research Paper

Authors

1 Faculty Member of the Institution for Research and Development in the Humanities (SAMT)

2 Researcher and Lecturer in International Law

Abstract

Assume that a member state of the international community has not recognized another state and at the same time, both states are members of a treaty in which the possibility of referring a dispute to the International Court of Justice is provided. Now, if one of these two states, based on its legal and political expediency, decides to file a lawsuit in the court due to the violation of the obligation(s) arising from the treaty in question, can the respondent state raise the preliminary objection of non-recognition before the court? This assumption can also be raised in the case of two states that have not recognized each other. To answer this question, the procedures of international courts, including the International Court of Justice and the International Criminal Court, have been examined in this article. The answer that can be given to the central question of the present article is that recognition is a political action with legal consequences. However, the legal consequences of recognition cannot normally lead to the declaration of incompetence or inadmissibility of the court, unless the handling of the dispute between two states depends on the examination of the issue of recognition and its consequences on the continuation of the litigation due to restrictions such as the reservation to the treaty or the lack of consent to establish treaty relations between the two contracting states.

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References

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Comparative Law Review
Volume 15, Issue 1
Espring & Summer
July 2024
Pages 139-154

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