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147
THE CREATION OF NEW STATES AND
DE FACTO
REGIMES, AND THE CASE OF CRIMEA
peninsula. He also said: “I believe that we did the right thing and I have no regrets.”
63
In his announcement the Russian President admitted the annexation of Crimea,
which is considered a breach of international law.
Conclusion
It can be concluded that
de facto
regimes enjoy partial international legal
personality and are bound by both the law of treaties and customary international law.
The principle of effectivity prevails in the existence of
de facto
regimes. Even though
these regimes sometimes come into existence as a result of a breach of the norm of
international law, the states of the international community tolerate these
de facto
regimes for various reasons. The reasons can often be political or/and economical.
The international community is, in fact, for many reasons incapable of resolving the
questions of
de facto
regimes. One of the reasons for the toleration of these regimes is
the protection of the rights of individuals living in such territories. It can be said that
the international community prefers pragmatism in relation to such
de facto
regimes.
For this reason
de facto
regimes also enjoy some international law protection.
De facto
regimes, however, can survive thanks to other states or deployment of
foreign armed forces. They will never be recognized by the international community
or a large number of states, and therefore remain in isolation. Their existence depends
on the support of a small number of states or the superpowers which recognized
them.
64
For example, South Ossetia or Abkhazia, that were recognized by a small
number of states, namely Russia. In March 2015, for example, the Integration
Treaty between Russia and South Ossetia
65
was concluded. The agreement should
strengthen their cooperation in security, defense and international politics but also
in social and economic spheres. The treaty was criticized, among others, also by
the Czech Republic. These entities can exist for many years. As an example, the so
called Turkish Republic of Northern Cyprus, which came into existence as a result of
military action of Turkey in Cyprus in 1974.
It is in the interest of the international community to overcome
de facto
statehood.
As the situation in the Caucasus area demonstrates, they represent so called frozen
conflicts that pose a threat for peace in the region, where violence can erupt any time.
Military operations currently are taking place in Eastern Ukraine in relation to the
creation of so called the Donetsk and the Luhansk People’s Republics which were
proclaimed in 2014. Some authors classify them with the group of
de facto
states.
66
This may be premature, as it is not clear so far if they have become stable regimes, and
Russia so far has not supported their separation from Ukraine.
63
Ibid.
64
See: JANKUV, J. a kol.
Medzinárodné právo verejné.
1. časť. Plzeň 2015, s. 50 v tisku.
65
See: ČR odsoudila smlouvu Ruska s Jižní Osetijí.
Právo
z 20. března 2015.
66
Srov. JANKUV, J. a kol.
Medzinárodné právo verejné
. 1. časť. Plzeň 2015, s. 50 v tisku.