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Introduction
Since 1945, the appearance of new States was influenced by different factors, from decolonization to the (re-)emergence of ethnic conflicts in existing States, requiring the creation of new state entities along such ethnic lines. Post-World War II decolonization lead to the emergence of new States in Africa and South Asia,1 and the collapse of the USSR in 1991 resulted in the reemergence of independent Baltic States and other States in the formerly Soviet territories of Central and Western Asia.2 Similarly, the breakup of Yugoslavia led to the re-emergence of six new States in the Balkans.3
The central problem of new States and of regions considering secession from existing States is their recognition. The international community in general and the United Nations (U.N.) in particular, have recognized most former colonies and most former Socialist Republics as independent States, including the Republic of Kosovo, whose recognition as a new State has been sui generis.4 Nevertheless, a large number of self-proclaimed States, such as the Nagorno-Karabakh Republic (the NKR) or the Turkish Republic of Northern Cyprus (the TRNC), remain unrecognized by either their neighboring States or the wider world community5 in the form of the UN General Assembly, despite meeting all the criteria of Statehood under the Montevideo Convention on Rights and Duties of the States.6 This ambiguity highlights some particular shortcomings of the convention and its inability to address the contemporary challenges that seceding regions face nowadays.
Undoubtedly, the problem of unrecognized States remains to be one of the most crucial contemporary issues of potential conflict at the global level. The political incidents such as the conflict in East Ukraine, the referendum in Catalonia,7 and even Brexit may lead to the emergence of a bigger number of seceding entities.8 These factors prompt the following research questions: how are modern self-proclaimed States treated under international law and comity? Are there any facts indicating that the existing legal framework and practice cannot adequately address the issue of seceding regions? Finally, can self-proclaimed States bear the same responsibility as recognized States?
After a thorough analysis of the problems and the background of modern self-proclaimed States, this article will identify substantial shortcomings of the existing version of the Montevideo Convention and makes recommendations for its improvement. The article is divided...