The enigma of recognition of administrative acts issued by non-recognised regimes

Abstract

The emergence of several non-recognised regimes on the periphery of Europe implies a myriad of challenges in law. Despite an absence of international recognition for these regimes, they produce their own law and, at the same time, apply and enforce these laws within their territory. With regard to the application of the law, as established by these non-recognised regimes, the question of potential recognition arises. Will a driving licence, issued by the State Palestine, gain any legal effects in those States that haven’t yet recognised Palestine as an independent entity? Is a university diploma, issued by the Abkhaz State University, recognised abroad, even though a recognition of Abkhazia is absent? Can a refugee demonstrate his identity by an official document, issued by the Lugansk or Donetsk Peoples Republics? This paper aims to offer a solution to answer these topical, albeit so far virtually unexplored, questions.

Keywords

• recognition of administrative acts
• non-recognised entities
• de facto regimes
• one-voice theory
• factual theory
• humanitarian reservation