james crawford reading for session 10 on post colonial states

James crawford reading for session 10 on post colonial states

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James crawford reading for session 10 on post colonial states Formation of many states after ww2 has led to probs for international law Declatory theory: statehood is a legal status independent of recognition, when it exists the legality of its existence is irrelevant and the law must account for the new situation despite illegality. When the state does not exist the rules for it are wrong too. Constitutive theory: the rights of statehood come from other countries recognition of it., unrecognized countries have no right. Neither theory of recognition satisfactorily explains modern practice. The declaratory theory assumes that territorial entities can readily, by virtue of their mere existence, be classified as having one particular legal status: it thus, in a way, confuses ‘fact’ with ‘law For, even if effectiveness is the dominant principle, it must nonetheless be a legal principle. A State is not a fact in the sense that a chair is a fact; it is a fact in the sense in which it may be said a treaty
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This note was uploaded on 04/13/2011 for the course POL 100 taught by Professor Rasulbakshrais during the Spring '11 term at Lahore University of Management Sciences.

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James crawford reading for session 10 on post colonial states

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