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THE INTERACTION OF POLITICAL AND LEGAL FACTORS IN THE
RECOGNITION PROCESS OF NEW STATES
Nu’monov Elmurod Erkinjon ugli
Master's student at the University of World Economy and Diplomacy
Abstract:
This article analyzes the complex interaction between political and legal factors in the
recognition process of new states. The research examines the role of formal legal criteria
alongside geopolitical interests, economic dependencies, and strategic partnerships in
contemporary international practice of state recognition decisions. The article analyzes cases of
Kosovo, South Ossetia, Abkhazia, and other new states to demonstrate instances where political
motivations prevail over legal foundations. The research findings reveal that pure legal
approaches are rarely applied in contemporary recognition practice, and in most cases political
expediency supersedes legal principles.
Keywords:
state recognition, political factors, legal criteria, geopolitical interests, international
law, new states, Kosovo, sovereignty
YANGI DAVLATLARNI TAN OLISH JARAYONIDA SIYOSIY VA HUQUQIY
OMILLARNING O'ZARO TA'SIRI
Annotatsiya:
Ushbu maqola yangi davlatlarni tan olish jarayonida siyosiy va huquqiy
omillarning murakkab o'zaro ta'sirini tahlil qiladi. Tadqiqotda zamonaviy xalqaro amaliyotda tan
olish qarorlarining qabul qilinishida formal huquqiy mezonlar bilan geosiyosiy manfaatlar,
iqtisodiy bog'liqlik va strategik hamkorlik kabi siyosiy omillarning roli o'rganiladi. Maqolada
Kosovo, Janubiy Osetiya, Abxaziya va boshqa yangi davlatlar misolida siyosiy
motivatsiyalarning huquqiy asoslarga nisbatan ustunlik qilishi holatlari tahlil etiladi. Tadqiqot
natijalari shuni ko'rsatadiki, zamonaviy tan olish amaliyotida sof huquqiy yondashuvlar kamdan-
kam qo'llaniladi va ko'pgina hollarda siyosiy ekspedientlik huquqiy prinsiplardan ustun turadi.
Kalit so'zlar:
davlatlarni tan olish, siyosiy omillar, huquqiy mezonlar, geosiyosiy manfaatlar,
xalqaro huquq, yangi davlatlar, Kosovo, suverenitet
ВЗАИМОДЕЙСТВИЕ ПОЛИТИЧЕСКИХ И ПРАВОВЫХ ФАКТОРОВ В
ПРОЦЕССЕ ПРИЗНАНИЯ НОВЫХ ГОСУДАРСТВ
Аннотация:
В статье анализируется сложное взаимодействие политико-правовых
факторов в процессе признания новых государств. В исследовании рассматривается роль
политических факторов, таких как геополитические интересы, экономическая зависимость
и стратегическое сотрудничество, в принятии решений о признании в современной
международной практике, а также формально-правовых критериев. В статье
анализируются случаи преобладания политических мотивов над правовыми основаниями
в случае Косово, Южной Осетии, Абхазии и других новых государств. Результаты
исследования показывают, что в современной практике признания чисто юридические
подходы используются редко, и в большинстве случаев политическая целесообразность
преобладает над правовыми принципами.
Ключевые слова:
признание государств, политические факторы, правовые критерии,
геополитические интересы, международное право, новые государства, Косово,
суверенитет
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INTRODUCTION
The issue of recognizing new states in international law has become increasingly complex in the
21st century. While theoretically the recognition process should be based on clear legal criteria,
in practice these procedures are often carried out under the influence of political factors such as
geopolitical interests, economic dependencies, and strategic partnerships [1]. This situation
creates a fundamental tension between the normative foundations of international law and the
pragmatic realities of international relations. The recognition of new states represents one of the
most sensitive areas of international law, where legal doctrine meets political reality, often
resulting in inconsistent and contradictory practices.
Contemporary international practice demonstrates that state recognition decisions are made
purely on legal grounds. They reflect a complex calculus involving national interests, regional
security considerations, alliance obligations, and economic factors [2]. This phenomenon has
become particularly evident in recent decades with cases such as Kosovo's declaration of
independence in 2008, which received widespread recognition from Western states while being
rejected by Russia and its allies, or the recognition of South Ossetia and Abkhazia primarily by
Russia and a few aligned states following the 2008 conflict.
The theoretical framework for state recognition has traditionally been divided between
constitutive and declarative theories, with the Montevideo Convention of 1933 establishing four
key criteria for statehood: permanent population, defined territory, government, and capacity to
enter into relations with other states [3]. However, the application of these seemingly objective
criteria in practice reveals significant subjective interpretation and political considerations. The
interaction between legal standards and political motivations creates a dynamic tension that
shapes contemporary recognition practices and challenges traditional understanding of
international law's role in state formation processes.
METHODOLOGY AND LITERATURE REVIEW
This research employs comparative legal analysis, normative analysis, and historical
methodology to examine the interaction between political and legal factors in state recognition
processes. The literature review encompasses classical works on international law, contemporary
academic research, and case studies of recent recognition disputes. The analysis of political
factors in recognition processes begins with Hans Morgenthau's classical work on international
politics, which emphasizes the primacy of power and interest in international relations [4].
Morgenthau's realist approach provides a framework for understanding how states prioritize their
national interests over abstract legal principles when making recognition decisions.
Legal scholars have long recognized the tension between legal criteria and political
considerations in recognition processes. James Crawford's comprehensive analysis of state
creation in international law acknowledges that while legal criteria provide important guidance,
political factors inevitably influence recognition decisions [5]. Crawford argues that the
declarative theory of recognition, while theoretically sound, cannot fully account for the political
realities that shape state practice. Russian scholar A.A. Moiseev has extensively analyzed the
role of geopolitical factors in recognition processes, particularly examining how great power
competition influences recognition patterns in post-Soviet spaces [6].
The role of international organizations in recognition processes has been examined by several
scholars, with particular attention to the European Union's approach to state recognition. Uzbek
legal scholar B.T. Ergashev has analyzed the intersection of legal norms and political
considerations in Central Asian context, demonstrating how regional powers influence
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recognition dynamics [7]. His work highlights the importance of understanding recognition not
just as a legal process but as a political tool used to advance state interests.
Contemporary literature increasingly focuses on the concept of "conditional recognition," where
recognition is tied to specific political conditions rather than purely legal criteria [8]. This
approach represents a significant departure from traditional recognition theory and demonstrates
the growing influence of political factors in what was traditionally considered a legal process.
German scholar Stefan Talmon has extensively documented cases where collective non-
recognition has been used as a political tool, showing how legal principles can be subordinated to
political objectives [9].
The literature also reveals significant attention to the role of regional organizations and great
powers in shaping recognition patterns. Thomas Grant's work on the admission of states to
international organizations demonstrates how political considerations often override legal criteria
in membership decisions [10]. This div of literature provides essential background for
understanding how political and legal factors interact in contemporary recognition practices.
RESULTS AND DISCUSSION
The comprehensive analysis of contemporary state recognition practices and literature review
reveals a fundamental transformation in how political and legal factors interact within the
recognition process of new states. The research findings demonstrate that while traditional legal
criteria established by international law continue to serve as formal reference points, they have
been increasingly overshadowed by political considerations that reflect strategic interests,
geopolitical alignments, and regional power dynamics. This empirical analysis of recent
recognition cases shows a consistent pattern where states prioritize their national interests,
alliance obligations, and regional stability concerns over strict adherence to legal principles such
as those outlined in the Montevideo Convention. The evidence suggests that contemporary
recognition practices have evolved into a predominantly political process where legal criteria are
selectively applied or interpreted to justify decisions that have already been made on political
grounds, fundamentally challenging the traditional understanding of international law's role in
determining statehood and creating significant implications for the predictability and consistency
of international legal principles.
Table 1. Analysis of Political vs. Legal Factors in Recent Recognition Cases
State/
Territory
Year
of
Independe
nce
Legal
Criteria
Met
Primary
Political
Supporters
Primary
Political
Opponent
s
Recognition
Based On
Legal vs
Political
Factor
Dominanc
e
Kosovo
2008
Disputed
EU, USA,
NATO
members
Russia,
Serbia,
China
Humanitaria
n
intervention
Political
dominance
South
Ossetia
2008
Partially
Russia,
Nicaragua,
Venezuela
USA, EU,
Georgia
Geopolitical
alignment
Political
dominance
Abkhazia
1999/2008
Partially
Russia,
Nicaragua,
Venezuela
USA, EU,
Georgia
Geopolitical
alignment
Political
dominance
Northern
1983
Partially
Turkey only Greece,
Ethnic
Political
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Cyprus
EU, UN
solidarity
dominance
Taiwan
1949
Yes
USA
(informal),
few allies
China,
most UN
members
Cold
War
legacy
Political
dominance
Somaliland 1991
Yes
None
officially
African
Union,
Somalia
Regional
stability
concerns
Legal
factors
ignored
The analysis reveals that contemporary state recognition practices are fundamentally shaped by
the complex interplay between political motivations and legal criteria, with political factors
frequently taking precedence over formal legal requirements. The examination of recent cases
demonstrates that states rarely make recognition decisions based purely on whether a political
entity meets the traditional legal criteria for statehood as established by the Montevideo
Convention. Instead, recognition patterns reflect broader geopolitical alignments, strategic
interests, and regional security considerations that often override legal principles.
The case of Kosovo exemplifies this dynamic tension between legal and political factors. While
Kosovo's legal claim to statehood remains disputed due to questions about the legality of its
secession from Serbia under international law, it has been recognized by over 100 states,
primarily those aligned with NATO and the European Union [1]. The recognition of Kosovo was
primarily driven by political considerations including humanitarian intervention justifications,
regional stability concerns, and Western geopolitical interests in the Balkans. Conversely, states
opposing Kosovo's recognition, particularly Russia and China, base their position not on detailed
legal analysis but on their own political interests regarding territorial integrity and potential
precedent effects on their own territorial disputes.
The recognition patterns of South Ossetia and Abkhazia present a mirror image of the Kosovo
case, where similar legal arguments about self-determination and statehood have been rejected
by Western states while being accepted by Russia and a small number of its allies. This
divergence demonstrates that identical legal arguments can be evaluated differently depending
on the political context and the interests of the recognizing states. The limited recognition of
these territories reflects not their failure to meet legal criteria, but rather the geopolitical isolation
of their primary patron, Russia, and the unwillingness of most states to support Russian foreign
policy objectives in the post-Soviet space.
The role of economic factors in recognition decisions has become increasingly evident in
contemporary practice. States often consider the economic implications of recognition, including
trade relationships, investment opportunities, and access to natural resources. The recognition or
non-recognition of new states can significantly impact economic relationships and regional
integration processes. For instance, the European Union's approach to recognition in the Western
Balkans has been closely tied to enlargement policies and economic integration objectives,
demonstrating how recognition serves broader political and economic strategies rather than pure
legal determinations.
Regional organizations have emerged as crucial actors in shaping recognition patterns, often
prioritizing political solidarity and regional stability over strict adherence to legal criteria. The
African Union's opposition to recognizing Somaliland, despite its arguably strong legal claim to
statehood, reflects concerns about encouraging movements across Africa rather than legal
deficiencies in Somaliland's case. Similarly, the Organization of American States' positions on
recognition issues often reflect regional political dynamics rather than purely legal assessments.
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CONCLUSION
The analysis of contemporary state recognition practices reveals that the interaction between
political and legal factors has fundamentally altered the traditional understanding of how new
states gain international legitimacy. While legal criteria established by instruments such as the
Montevideo Convention continue to provide important reference points, they are increasingly
subordinated to political considerations in actual recognition decisions. This trend represents a
significant departure from the theoretical foundations of international law and creates substantial
challenges for legal predictability and consistency in international relations.
The dominance of political factors over legal criteria has created a system where recognition
patterns primarily reflect geopolitical alignments rather than objective assessments of statehood
criteria. This development has important implications for international law, as it undermines the
normative force of legal principles and creates incentives for states to prioritize political
relationships over legal obligations. The resulting inconsistencies in recognition practice
contribute to uncertainty about the requirements for statehood and may encourage problematic
precedents in international relations.
Future developments in state recognition will likely continue to be shaped by this complex
interaction between legal and political factors. As geopolitical competition intensifies and new
challenges emerge, states will face increasing pressure to align their recognition policies with
their broader strategic objectives rather than strict legal principles. For emerging states,
understanding this dynamic is crucial for navigating the complex landscape of international
recognition and building effective foreign policy strategies that account for both legal
requirements and political realities in contemporary international relations.
REFERENCES:
1.
Weller, M. (2009). Contested Statehood: Kosovo's Struggle for Independence. Oxford
University Press.
2.
Fabry, M. (2010). Recognizing States: International Society and the Establishment of
New States Since 1776. Oxford University Press.
3.
Montevideo Convention on Rights and Duties of States. (1933). League of Nations
Treaty Series, Vol. 165.
4.
Morgenthau, H. J. (2005). Politics Among Nations: The Struggle for Power and Peace
(7th ed.). McGraw-Hill.
5.
Crawford, J. (2019). The Creation of States in International Law (3rd ed.). Oxford
University Press.
6.
Моисеев, А.А. (2018). Геополитические факторы в процессах признания государств.
Международное право и международные организации, 3, 45-58.
7.
Эргашев, Б.Т. (2020). Марказий Осиё давлатларини тан олиш жараёнида сиёсий
омиллар. Тошкент давлат юридик университети илмий ахборотлари, 4, 78-85.
8.
Rich, R. (1993). Recognition of States: The Collapse of Yugoslavia and the Soviet Union.
European Journal of International Law, 4(1), 36-65.
9.
Talmon, S. (2005). Collective Non-recognition of Illegal States. Oxford University Press.
10.
Grant, T. D. (1999). The Recognition of States: Law and Practice in Debate and
Evolution. Westport: Praeger Publishers.
