Recognition in International LawOriginally 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. |
Contents
Table of Cases page | xvii |
RECOGNITION OF STATES | 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 Constitutive View page | 38 |
The Existence of a State and the Commencement of International | 45 |
Opinions of the Law Officers of the Crown on Conditions of Closure of Ports | 214 |
Opinions of the Law Officers of the Crown on Recognized Belligerents | 222 |
The Duty of Recognition of Belligerency and the Independence of States | 228 |
67 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 2 50 | 250 |
Opinions of the Law Officers of the Crown on Insurgency and Municipal | 265 |
Recognition of Insurgency during the Cuban War of Independence | 271 |
The Criticism of the Constitutive View on Ethical Grounds page | 52 |
The Retroactivity of Recognition and the Traditional Doctrines | 59 |
28 The Collectivization of the Process of Recognition page | 67 |
31 The Meaning of the Legal Duty of Recognition | 73 |
Opinions of the Law OIIICCIS of the Crown concerning the State of the Fiji Islands | 79 |
INTERNATIONAL LAW AND REVOLUTIONARY | 87 |
Presumption in Favour of Established Governments | 93 |
4o The Test of Legitimacy | 102 |
42 Willingness to fulfil Intemational Obligations | 109 |
Consent of the Governed as Evidence of Efiectiveness page | 115 |
45 The Practice of the United States | 124 |
46 The Abandonment of the Traditional Test of Recognition after the First | 130 |
47 The Value of the Principle of Subsequent Legitimation through Popular | 136 |
Unrecognized Governments before Judicial Tribunals | 145 |
The Necessity for Recognition of Governments | 156 |
DUTY OI RECOGNITION | 158 |
The Collectivization of Recognition of Governments | 165 |
RECOGNITION OF BELLIGERENCY | 175 |
The Tortious Aspect of Recognition of Belligerency | 184 |
The Right of the Lawful Government to Recognition ofBelligerency | 193 |
The Right of Insurgents and of the Lawful Government Contrasted | 199 |
Wrongs committed by Rebels not recognized as Insurgents | 278 |
83 Effects of Jefatto and of de jure Recognition | 284 |
85 Recognition of Insurgency and the Limits of defacto Recognition | 290 |
W4 Declaration of Piracy by the Lawful Government | 296 |
90 Judicial Decisions page | 300 |
The Development of the Conception of Piracy | 306 |
PROBLEMS OF RECOGNITION | 329 |
Legal Effects Ofde fatto Recognition as distinguished from dejure Recognition | 341 |
De jacto Recognition and the Obligation of NonRecognition | 347 |
Withdrawal of Recognition of Belligerency | 355 |
APPENDIX TO CHAPTER XIX | 365 |
Presumption of Recognition page | 369 |
110 Participation in Conferences | 380 |
113 The Appointment of Agents | 388 |
Implied Recognition and the Policy or Obligation of NonRecognition | 395 |
II7 Implied Recognition of Belligerency | 403 |
119 Facts as a Source of Legal Rights page | 409 |
Acceptance of the Obligation of NonRecognition | 416 |
Invalidity of Titles based on Treaties inconsistent with Former Treaty | 426 |
13I The Principle of NonRecognition and the Maintenance of International | 434 |
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Common terms and phrases
act of recognition American Annual Digest applied Arantzazu assertion attitude authority belligerent rights blockade Britain British Government British subjects civil claim conditions of recognition considerations constitutive Consul Court decision declaration defacto government dejure despatch diplomatic relations doctrine effect entitled established Esthonia exequatur exercise existence expressed fact Fiji Finland first foreign formal fulfil grant recognition Hackworth honour Huascar ibid implied recognition independence instructed insurgents interests international law jure Lauterpacht law of nations lawful government League of Nations legal duty Lord Lordship’s commands Majesty’s Government Manchukuo matter of recognition ment Minister neutrality non-recognition obligations Ofiice opinion parties piracy pirates political ports practice principle Provisional reason recognition of belligerency recognition of governments reference refusal to recognize regard Republic revolution revolutionary Russia Secretary ships sovereign sovereignty Soviet Government Spain Spanish Spanish Civil War statehood territory tion TRAVERS TWISS treaty United United States Secretary validity vessels view of recognition