The Higher Law and the Principle of Non-Recognition

Abstract

The principle of non-recognition represented, and still represents, one of the most relevant legality-checking instruments that the legal order has set. The principle is always triggered by the existence of a conflict involving a higher norm, a conflict which can be normative or material. Its general function is preventing the consolidation of legal consequences deriving from acts or situations that are contrary to higher rules. Just as higher rules cut across the boundaries between the law of treaties and the law of international responsibility, the presence and the effects of the principle of non-recognition are to be found in the three main functions: creation of the law, ascertainment of a wrongful act and enforcement of the law.