The article focuses on the status of non-recognized states in private international law. First, it evaluates whether and to what extent relations between the former and the latter entity of a state are relevant for private international law in general under public international law or constitutional law. In doing so, the author introduces different approaches to the question as to whether rules of a non-recognized state can be given effect. Second, it reports on the situation between East and West Germany as reflected by case law and legal literature in the years between 1949 and 1990.

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Non-recognized States in Private International Law

  • Jürgen Basedow

摘要

The article focuses on the status of non-recognized states in private international law. First, it evaluates whether and to what extent relations between the former and the latter entity of a state are relevant for private international law in general under public international law or constitutional law. In doing so, the author introduces different approaches to the question as to whether rules of a non-recognized state can be given effect. Second, it reports on the situation between East and West Germany as reflected by case law and legal literature in the years between 1949 and 1990.