CYIL 2015

JAN ONDŘEJ CYIL 6 ȍ2015Ȏ contains the obligation of the parties to terminate violence and supports the view that it is a regime according to international law. On the other hand, the government of South Ossetia does not exercise effective control over the whole territory, and the government and economy depend on Russia. This, however, is not an obstacle to characterizing this entity as a de facto regime, even if it lacks sovereignty. A high degree of dependence on Russia is the reason for stability and durability of this entity. The same can be applied to other entities like Northern Cyprus, which is connected with Turkey. It can be said that the characteristic feature of the stable de facto regimes is the lack of recognition. 23 Recognition brings an end to this regime and awards it with statehood. The history of the GDR, however, shows that recognition by its allies, in this case the members of the Eastern Bloc, is not sufficient for the elimination of the status of being a stable de facto regime. 24 The same can be expected in the case of the recognition of South Ossetia by Russia and Nicaragua, which was rejected by the Council of Europe as a violation of international law . The Parliamentary Assembly condemned Russia’s recognition of the independence of South Ossetia and Abkhazia as a violation of international law and Council of Europe statutory principles by its Resolution 1633(2008). Russia behaved in a way similar to Turkey with respect to Northern Cyprus and similarly unsuccessfully. 25 In legal doctrine there are various approaches to de facto regimes . In. Frowein’s conception de facto regimes are various unrecognized entities that are relatively stable and control certain territory. They could be whole states or an otherwise delimited territory. J. van Essen 26 distinguishes de facto regimes from others that are, however, rather similar, namely de facto states. A de facto state is a geographical and political entity that has all the features of a state but is unable to achieve any degree of substantive recognition and therefore remains illegitimate in the eyes of international society (at least part of the states). The entity that constitutes a de facto state seeks full constitutional independence and widespread recognition as a sovereign state. He considers the Republic of Kosovo as an example of a de facto state. De facto regimes, on the other hand, aspire to be recognized by the international community as being the official government of an already existing state. While the de facto state pursues secession or independence from its parent state , the de facto regime seeks to be recognized as the official government, leaving the parent state and its territories intact.

23 Heintze, H. J. De Facto Regimes Bound by Human Rights?, p. 270. 24 Ibid. 25 Ibid. 26 VAN ESSEN, J. De facto Regimes in International Law. MERKOURIOS Utrecht Journal of International and European Law. 2012, volume 28, p. 32-33.

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