The practice of non-recognition and economic sanctions: The case study of Ukraine, Manchuria and South Africa

Abstract

Russia’s invasion of Ukraine again proves the essential role of collective non-recognition against unlawful situations, despite contentious debates concerning the status of the principle of non-recognition in the international legal system. However, an old but unsettled question also resurfaces: How should we perceive the relationship between the practice of non-recognition and economic sanctions? Some scholars contend that the practice of non-recognition must entail economic punishments and isolation and be ‘as oppressive as possible’. For quite some time, the economic language has dominated as the only language that matters facing any unlawful situations. Unfortunately, this tendency also undermines a long history of innovative development of other forms of declaratory and institutional non-recognition. This article, by examining the current non-recognition campaign in the case of Ukraine, together with case studies of Manchuria and of the South African apartheid regime, endeavours to provide more perspectives concerning the relationship between non-recognition and economic sanctions. The article argues that, compared to other forms of non-recognition, economic sanctions have never been a reliable factor in demonstrating international attitudes and the legal beliefs of the international community.