Recognition in International LawCambridge University Press, 2012 - 504 páginas Originally published by Hersch Lauterpacht in 1947, this book presents a detailed study of recognition in international law, examining its crucial significance in relation to statehood, governments and belligerency. The author develops a strong argument for positioning recognition within the context of international law, reacting against the widely accepted conception of it as an area of international politics. Numerous examples of the use of law and conscious adherence to legal principle in the practice of states are used to give weight to this perspective. This paperback re-issue in 2012 includes a newly commissioned Foreword by James Crawford, Whewell Professor of International Law at the University of Cambridge and a Fellow of Jesus College, Cambridge. |
Contenido
Table of Cases page | xvii |
RECOGNITION OF STATES | xxiv |
INTRODUCTORY | 1 |
THE LEGAL NATURE OF RECOGNITION | 7 |
Recognition as a Question of Fact | 23 |
Defined Territory | 30 |
The Incidental Political Element of Recognition | 36 |
THE DECLARATORY AND CONSTITUTIVE VIEWS OF RECOGNITION 17 The Constitutive View page | 38 |
THE LEGAL NATURE OF RECOGNITION AND | 158 |
The Collectivization of Recognition of Governments | 165 |
RECOGNITION OF BELLIGERENCY | 175 |
The Reasons for the Relative Infrequency of Recognition of Belligerency | 182 |
The Right of the Lawful Government to Recognition of Belligerency | 193 |
The Right of Insurgents and of the Lawful Government Contrasted | 199 |
Opinions of the Law Officers of the Crown on the Right of the Legitimate | 207 |
Opinions of the Law Officers of the Crown on Conditions of Closure of Ports | 214 |
The Declaratory View of Recognition | 41 |
The Declaratory View and the Practice of Courts | 43 |
The Existence of a State and the Commencement of International Personality page | 45 |
The Automatic Test of Existence | 48 |
THE DECLARATORY AND CONSTITUTIVE VIEWS OF RECOGNITION continued 22 The Criticism of the Constitutive View on Ethical Ground... | 52 |
The Right of Existing States to determine Statehood | 55 |
The Retroactivity of Recognition and the Traditional Doctrines | 59 |
The Problem of the Legal Nature of Recognition | 61 |
The Acknowledgment of the Legal Nature of Recognition | 63 |
THE PROCEDURE OF RECOGNITION 28 The Collectivization of the Process of Recognition page | 67 |
International Courts as Agencies of Recognition | 69 |
Municipal Courts and the Function of Recognition | 70 |
The Meaning of the Legal Duty of Recognition | 73 |
Recognition as Declaratory of Facts and as Constitutive of Rights | 75 |
The Antinomy of the Legal and Political Character of Recognition | 76 |
The Problem of Recognition and the Political Integration of International Society page | 77 |
Opinions of the Law Officers of the Crown concerning the State of the Fiji Islands prior to their Annexation page | 79 |
INTERNATIONAL LAW AND REVOLUTIONARY | 87 |
Presumption in Favour of Established Governments | 93 |
The Test of Legitimacy | 102 |
Willingness to fulfil International Obligations | 109 |
THE PRINCIPLE OF EFFECTIVENESS AND | 115 |
The Practice of the United States | 124 |
The Abandonment of the Traditional Test of Recognition after the First | 130 |
The Value of the Principle of Subsequent Legitimation through Popular | 136 |
Unrecognized Governments before Judicial Tribunals | 145 |
The Current Criticism of the Attitude of Courts in the Matter of Recognition | 153 |
Opinions of the Law Officers of the Crown on Recognized Belligerents | 222 |
The Duty of Recognition of Belligerency and the Independence of States | 228 |
The Formal Argument against the Duty of Recognition of Belligerency | 236 |
The Duty of the Lawful Government to grant Recognition | 243 |
Recognition of Belligerency and the Spanish Civil War of 19369 | 250 |
Opinions of the Law Officers of the Crown on Insurgency and Municipal | 265 |
Recognition of Insurgency during the Cuban War of Independence | 271 |
Wrongs committed by Rebels not recognized as Insurgents | 278 |
Effects of de facto and of de jure Recognition | 284 |
Recognition of Insurgency and the Limits of de facto Recognition | 290 |
page | 298 |
Animus furandi as an Essential Element of Piracy | 305 |
APPENDIX TO CHAPTER XVIII | 311 |
PROBLEMS OF RECOGNITION | 329 |
The Meaning of the Distinction between de jure and de facto Recognition | 336 |
Implied Recognition de facto Recognition and de facto Intercourse | 346 |
Withdrawal of Recognition of Governments | 352 |
APPENDIX TO CHAPTER XIX | 365 |
IMPLIED RECOGNITION | 369 |
Participation in Conferences | 380 |
The Appointment of Agents | 388 |
Implied Recognition and the Policy or Obligation of NonRecognition | 395 |
Implied Recognition of Belligerency | 403 |
THE PRINCIPLE OF NONRECOGNITION | 409 |
Acceptance of the Obligation of NonRecognition | 416 |
The Principle of NonRecognition and the Maintenance of International | 434 |
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Términos y frases comunes
A.J. vol American Annual Digest applied Arantzazu authority belligerent rights blockade Britain British Government British subjects Chargé d'Affaires civil claim conditions of recognition constitutive Consul Convention Court decision declaration despatch diplomatic relations doctrine effect entitled established exequatur exercise existence expressed fact facto government facto recognition Fiji Foreign Office Hackworth Hersch Lauterpacht honour Huascar ibid implied recognition independence instructed insurgents international law jure recognition Lauterpacht law of nations Law Officers lawful government League of Nations legal duty Lord Lordship's commands signified Majesty's Government Manchukuo matter of recognition ment Minister neutrality non-recognition obligations opinion parties piracy pirates political ports practice principle question reason recognition de facto recognition de jure recognition of belligerency recognition of governments reference refusal to recognize regard Republic revolution revolutionary Secretary ships sovereign Soviet Government Spain Spanish Civil War statehood territory tion TRAVERS TWISS treaty United United States Secretary validity vessels view of recognition