Recognition in International Law

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Cambridge University Press, Nov 1, 2012 - Law - 504 pages
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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.
 

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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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