Berkes: International Law Without Statehood: The Outlier Application of International Law by Eurasian De Facto Regimes

Antal Berkes (Univ. of Liverpool - School of Law and Social Justice) has posted International Law Without Statehood: The Outlier Application of International Law by Eurasian De Facto Regimes (Asian Journal of International Law, forthcoming). Here's the abstract:

This paper explores how unrecognised separatist entities in Eurasia—de facto regimes such as Transnistria, South Ossetia, Abkhazia, Nagorno-Karabakh, and the Donetsk and Luhansk People’s Republics—engage with international law. It examines whether, and to what extent, these regimes comply with international law, analysing court decisions and legislation to move beyond simplistic views of non-recognition or assumed legality. The findings reveal that de facto regimes tend to mirror the international law approaches of the states they are most closely connected to—whether the territorial state (e.g., Ukraine) or an outside state exercising effective control over the entity (e.g., Russia or Armenia). This pattern is explained by the theory of “acculturation to statehood”: through sustained legal and institutional interaction, these regimes internalise and replicate the legal systems of their reference states. The study contributes to a more nuanced understanding of the role of de facto regimes in the international legal order.