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SM ISO690:2012 LEONTIEV, Lucia. Migration and the de facto States: a general approach on their interdependence and interconnection. In: Revistă de știinţe socioumane , 2018, nr. 1(38), pp. 94-105. ISSN 1857-0119. |
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Revistă de știinţe socioumane | ||||||
Numărul 1(38) / 2018 / ISSN 1857-0119 /ISSNe 2587-330X | ||||||
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CZU: 314.74+341.215.43 | ||||||
Pag. 94-105 | ||||||
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Rezumat | ||||||
The existence of de facto States in a world governed by sovereign ones is an indisputable fact, as we can currently count about 10 unrecognized territorial entities. For international law, these territories are places, which de jure do not exist, despite their de facto presence. Due to their non-recognition by the international community, the quasi States do not have rights and obligations, thus representing a dangerous legal vacuum. In addition, this situation brings more challenges when we speak about human rights obligations of such political entities. Practice shows that the population of de facto States generally falls outside human rights and humanitarian protection mechanisms, which is quite alarming, as these entities usually appear against the background of civil wars and ethnic strives. Consequently, we cannot speak of State protection of human rights, nor of an effective enjoyment of one’s rights by the individual. To improve their situation, the population of these territories will regard migration as the most appropriate solution. This gives rise to proneness to conflict between the freedom of movement of the individual and the impossibility to implement it legally because of the international status of his or her country. This article aims at analyzing the characteristics of de facto States, considering the utility of the recognition of such entities as subjects of international law, as well as at underlining the specificities of migration issue in these territories. The analysis of these phenomena will aim at the construction of analytical links between the de facto existence of “phantom” States and the phenomenon of legal/illegal migration in these entities. It also seeks to present, in a comprehensive and holistic manner, both the scientific concepts concerning the status of the “phantom” State in the international law, and the necessity to recognize that in certain circumstances, the international human rights law in general, and the international migration law in particular, can be opposed to such regimes |
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Cuvinte-cheie de facto states, international recognition, irregular/illegal migration, immigration law, freedom of movement. |
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