effective control

With the end of the Cold War, a new chapter in relations between governments began. Among other things, the criteria that existed around the recognition of a newly established government were changed. Emphasis on concepts such as peace, democracy, self-determination and human rights caused democratic legitimacy to be proposed as a new element for the recognition of a government. This article aims to examine the place of democratic legitimacy in the field of government recognition. The hypothesis of the research is based on the fact that the criterion of democratic legitimacy has to a large extent been able to challenge the “exercise of effective power” which was the basic criterion for the recognition of a state in classical international law. The findings of the research indicate that with the passage of time, international actors, including countries and international organizations, have implicitly always included democratic legitimacy in identifying new governments more than in the past. The results of this study also confirm the fact that currently the position of democratic legitimacy in the identification institution is surpassing the criterion of effective control and the international instruments and mechanisms in this field, although implicitly, are trying to support it as much as possible. This article has been compiled by collecting and reviewing the documents and literature produced around the topic under discussion in a descriptive-analytical method.

Intervention by invitation has been always associated with the political objectives which seek to meet the interests of the interventionist state. International community has frequently witnessed such intervention not only during the Cold War era, but even after its termination. Although there is no specific rule on this kind of intervention in international law, certain criteria for the assessment of the legitimacy of this intervention can be found in international law. Intervention of Saudi Arabia and the United Arab Emirates in Bahrain was accompanied with passive reaction and silence of the Security Council. This paper first studies the criterion that can be used to assess legitimacy of intervention by invitation and then studies the legitimacy of intervention in Bahrain both on the basis of the aforesaid criteria and in accordance with the principle of responsibility to protect.

Attributability is among secondary rules of international law. The International Court of Justice (ICJ) has its own methodology and review of its decisions will shed light on development of attributability of responsibility. The main question of this paper is about the rules governing attributability of responsibility in the procedure of the ICJ in view of its main goal which is to settle international disputes and set the rules of customary international law. Cases related to attributability of international responsibility are categorized under these general titles: responsibility for measures taken by state bodies; responsibility resulting from positive acts and responsibility resulting from actions taken by insurgent persons and groups. The process taken by the ICJ shows that it follows a single procedure in almost all cases. Study of the procedure followed by ICJ in the case of the former Yugoslavia is important. Faced with all challenges, the ICJ has regularly stressed on its own procedure. However, it should change that procedure when it comes to attributability of international responsibility to governments in new cases. One of the most important of such cases is terrorist armed attacks in the face of which the court should adopt a new procedure.