The role of the constitutional court of Russian-federation in annexation of Crimea-2014

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      advtanmoy
      Keymaster

      The doctrine of obligatory non-recognition provides that states are under an obligation not to recognise, through
      individual or collective acts, the purported statehood of an effective territorial entity created in violation of one or more
      fundamental norms of international law. This rationale underlies the Stimson Doctrine that was used as a justification for
      states not to recognise the annexation of the Baltic States by the Soviet Union. This rationale is also expressed in the
      International Law Commission’s Article 41 of the Draft Articles on State Responsibility. The obligation is a norm of
      customary international law and aims at preventing that a violation of international law becomes validated by means of
      recognition. It contains a “minimum resistance” and “a continuous challenge to a legal wrong”. The obligation arises
      where a territorial entity has been created in violation of an erga omnes norm, especially by violating the prohibition of
      the use of force, by violating the right to self-determination, or by violating the prohibition of systematic racial
      discrimination.

      [See the full post at: The role of the constitutional court of Russian-federation in annexation of Crimea-2014]

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