The enigmas of recognition in contemporary practice

Abstract

As a manifestation of the turbulences of the international order, during the last two decades a significant and varied practice has been developed in the field of recognition. It confirms both the relevance that States assign to the institution and its extraordinary complexity. This complexity is the result of the deep political connotations associated with an institution which suffers from a double regulatory weakness, and that affects both the recognition itself and the situations that constitute its object. Through the analysis of the practice, this contribution seeks two objectives. It aims, on the one hand, to identify the doubts and ambiguities surrounding the institution, grouping them into three problem areas: the qualification of the acts through which it is expressed, the legal consequences derived from it, and the limits to which it is subjected. It aspires, on the other, to identify response trends in contemporary practice, as well as to advance proposals to deal with the uncertainties that practice refuses to dissipate.