Constitution-Building in Unrecognized States: Main Features

Tens of millions of people live in states that exist de facto but have limited recognition. Until recently, the constitutional system of such states has not been practically studied. The aim of the present research is to identify and reflect the specificity inherent in the constitutional system of unrecognized states, as well as to reveal urgent problems connected to the realization of human rights in these states. In order to be representative, the subject of the study is the foundations of state power and the regulation of human rights of unrecognized states such as Kosovo, Abkhazia and the Republic of China (Taiwan). Analytical articles concerning the political process in such states, media reports, and reports of international organizations were used as a source in addition to constitutional normative acts. The constitutions of most unrecognized states are formally oriented towards building a modern society that is based on principles of democracy and separation powers, and also recognize and protect human rights. The constitutions of some unrecognized states contain specific provisions related to the struggle for independence and fears of losing it due to occupation by other states or internal conflict. There is a tendency related to the borrowing by unrecognized states of various standards and approaches from the states that support them. It is one of the manifestations of the globalization of constitutionalism as a general process of unification of approaches to public administration, and in particular, approaches related to the protection of human rights. A key problem specific to most unrecognized states is their slow development due to the impossibility of full integration into the global political and economic order. In addition, the impossibility of participation of unrecognized states in international treaties relating to the protection of human rights deprives the population living in the territory of such states from effective international legal remedies. The results of this study can be used in a comprehensive study of unrecognized states, building interaction with the authorities of these states, and finding means of protecting the rights of people living in the territories of these states.