Jude Vidmar’s article “Explaining the Legal Effects of Recognition” aims to examine that the declaratory theory of state recognition should not be considered dogma. [i] The author uses an interpretivist approach as Vidmar investigates certain cases throughout the article to maintain their points. Primarily Vidmar investigates two cases: the legal effects of non-recognition in Macedonia in 1992 and legal effects of the recognition of Kosovo in 2008. When looking at these two cases, Vidmar examines them by breaking down the context of the situation and how the mode of state creation came to be. Contextuality is a core part of Vidmar’s claim as it shows the difference in situations that impact the legality of recognition.
The article by Edward Newman titled “The European Union’s Practice of State Recognition: Between Norms and Interests” examines EU approaches to recognition of states and advises for a more coherent approach and greater understanding in EU policy on recognition. [ii] The methodology used here is a Small-n neo-positivist approach. They use the data of cases since 1990 to showcase the normative divergence of member states on foreign issues.[iii It ultimately shows that EU practice heavily relies on a case-by-case basis and more clarity on policy would help expand its external influence.
Both articles echo very similar ideas with the Edward article focusing more intensely on EU practices. Since cases of post-Soviet states are much interest for contemporary research, they review similar cases with the Vidmar article relying more on the contextuality of the situations. They ultimately agree on the case-by-case approach that states take for recognition and that the mode of state creation plays a crucial factor for recognition in creating a state.
These sources seem useful in that they give me a common idea of heavily examined examples of where recognition can determine the legal status of states internationally. It was also interesting to see both papers come to very similar conclusions almost from their research even though they went through different methodology. I am hoping to use the Vidmar article as a really essential basis going forward for understanding the complications of the legal effects of recognition.
[i] Vidmar, Jure. 2012. “Explaining the Legal Effects of Recognition.” The International and Comparative Law Quarterly; Oxford 61 (2): 361–87. https://doi.org/http://dx.doi.org/10.1017/S0020589312000164.
[ii] Newman, Edward, and Gëzim Visoka. 2018. “The European Union’s Practice of State Recognition: Between Norms and Interests.” Review of International Studies 44 (4): 760–86. https://doi.org/10.1017/S0260210518000104.
[iii] Ibid 385