Leiden Journal of International Law



"ESSAYS IN HONOUR OF JOHN DUGARD: THE PROTECTION OF THE INDIVIDUAL IN INTERNATIONAL LAW"

State Recognition: Admission (Im)Possible


ANTOINE BUYSE  1 and RICK LAWSON  1

Article author query
buyse a   [Google Scholar] 
lawson r   [Google Scholar] 
 

Abstract

This article focuses on state recognition in the European context and on the admission of states to the Council of Europe after the end of the Cold War. It argues that two global trends identified by John Dugard in the 1980s have continued since then: a common approach to state recognition has been adopted and the criteria for state recognition have increasingly been given normative content. This reflects that the constitutive theory of state recognition continued to be popular. The two trends have not automatically resulted in a more legal approach to the issues, as the case study of Bosnia and Herzegovina illustrates.


Key Words: admission to international organizations; Bosnia and Herzegovina; constitutive theory; Council of Europe; state recognition.


Footnotes

1 Europa Instituut, Faculty of Law, University of Leiden. Drs Antoine Buyse completed a Ph.D. thesis on the right to housing restitution. Profesor Rick Lawson holds the Kirchheiner Chair (protection of the integrity of the individual) and is an advisory editor of LJIL.