The Role of International Organizations in the Recognition and Non-recognition of States in International Law

• Author: Mentor Borovci
• Position: PhD Student, Faculty of Law, University of Prishtina, Republic of Kosovo, Address: Prishtina, Kosovo
• Pages: 144-157

ACTA UNIVERSITATIS DANUBIUS Vol. 14, no. 2/2018

144

The Role of International Organizations in

the Recognition and Non-recognition of

States in International Law

Mentor Borovci

1

Abstract: The main objective of this article is to identify the role of international organizations in the

process of recognition and non-recognition of st ates in international law. The integration of states in

the international community is dependent on its position towards other states and i nternational

organizations. The decision of an international organization to admit a state in its membership is a

factual recognition of that entity as a state, and it helps it t o integrate as a legitimate actor of

international relations. On the other hand, as international practice demonstrates, international

organizations play an important role in the non-recognition of entities which claim to become states in

contravention of jus cogens norms of international law. The role of international organizations in this

context will be examined by using different methodological tools such as legal, analytical and

comparative in order to obtain a better understanding of the issues involved.

Keywords: Recognition of states; non-recognition of states; international organizations; international

law

1. Introduction

In addition to individual states, international intergovernmental organizations also

play an important role in the recognition and non-recognition of certain entities as

states.

The admission of states in the membership of international organizations is a good

opportunity to str engthen the international legitimacy of states, but also to

strengthen their ties and international communication. In the process of accepting

new states in their membership, international intergovernmental organizations play

an important role in acknowledging the fact that the applicant for membership is a

“state” as full membership in international organizations is open only to states. In

this aspect, this Article will examine the role a nd legal nature of the admission of

1

PhD Student, Faculty of Law, University of Prishtina, Republic of Kosovo, Address: Prishtina,

Kosovo, Corresponding author: mentorborovci@gmail.com.

AUDJ, Vol. 14, No. 2/2018, pp. 144-157