Private law effects of the non-recognition of states' existence and territorial changes

• Author: Ioan-Luca Vlad
• Position: PhD Candidate, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail: ioan.luca.vlad@gmail.com).
• Pages: 82-92

LESIJ NO. XXII, VOL. 1/2015

PRIVATE LAW EFFECTS OF THE NON-

RECOGNITION OF STATES' EXISTENCE AND

TERRITORIAL CHANGES1

Ioan-Luca VLAD*

Abstract

The study presents an outline of the effects in private law (including private international law)

of the non-recognition of a state or a change of territory. Specifically, it addresses the question of what

measures can another state take, in the field of private law, in order to give effect to its policy of not

recognizing a state or a territorial annexation, and, in parallel, what are the means available to private

parties with links to the unrecognized state or territory. The study is structured in two parts, namely 1)

the effects in private law of the non-recognition of a state; and 2) the effect in private law of the non-

recognition of an annexation of territory. I will make specific references in particular to the situation

in Transnistria and Crimea, as examples of the two issues being addressed. The study intends to be a

guide of past and present state practice at the legislative and judicial level, as well as presenting the

connections between instruments of public international law, such as Sanctions Resolutions of the UN

Security Council, and normative instruments of private law, such as rules of civil procedure, which

must adapt to the policy of non-recognition adopted by (or imposed on) states. The study also presents

specific examples of situations or administrative practices which create practical problems, and result

from the existence of a non-recognized entity or change of territory: issues like air traffic coordination,

postal traffic, the change in the official currency of a territory, questions of citizenship etc., the aim

being to present the reader with a full picture of the issues and intricacies resulting from irregularities

existing at the level of the international community of states.

Keywords: recognition, private law, conflict of laws, annexation, independence1.

1. Introduction

1

This study is proposed as a bridge

between public and private international

law. It covers two situations which appear in

public international law, namely the

proclamation of independ ence of a new

state, and the annexation of territory, but

which suffer from issues of legality on the

 PhD Candidate, Faculty of Law, “Nicolae Titulescu” University of Bucharest (e-mail:

ioan.luca.vlad@gmail.com).

1

This paper has been financially supported within the project entitled „Horizon 2020 – Doctoral and

Postdoctoral Studies: Promoting the National Interest through Excellence, Competitivness and Responsibility in

the Field of Romanian Fundamental and Applied Scientific Research”, contract number

POSDRU/159/1.5/S/140106. This project is co-financed by European Social Fund through Sectoral Operational

Programme for Human Resources Development 2007-2013. Investing in people!

international sphere, and thus are not

recognized by the (vast majo rity of the)

community of states. These situations,

which involve a (purported) change in the

sovereignty over a territory and a

population, produce effects not only in

public international law, but also in the

conflict of laws situations, where a particular

legal relation can be localized, with the help

of conflictual r ules of the forum, to the