Van Glhan & Talubee ch 8

Van Glhan & Talubee ch 8 - Van Glhan & Talubee...

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Chapter 8 : Recognition of States and Governments: Recognition—a formal acknowledgment or declaration by the government of an existing state that it intends to attach certain customary legal consequences to an existing set of facts o More specialized meaning in IL—relating to the acknowledgment of the existence of a new state, or of a new government in an existing foreign state, coupled with an expression of willingness by the recognizing state to enter into relations with the recognized entity or government o Recognition applies to a broader range of relationships: to belligerent communities or insurgents, in connection with the validity of title to territory and with reference to the commission of other acts by governments that have international consequences Basic function of recognition is a formal acknowledgment as a FACT of something that has had uncertain status up to the point of formal acknowledgment Granting recognition indicates the willingness of the recognizing state to accept the legal consequences of its act and to enter into normal relations with the newly recognized state ( or gov’t) o A political act with legal consequences In the US and UK, the authority to grant recognition to new states and governments rests in the executive Palestine—reaction to the Palestine National Council’s declared independence of the “State of Palestine” on 11/15/1988, gives a prime example of the political character of the act of recognition o Lacked a defined territorial jurisdiction o Lacked an identifiable and functioning government o Lacked a coherent population—great numbers of those claimed as potential “people” lived in surrounding Arab state or in areas under Israeli occupation Nevertheless, 23 states granted recognition to the “State of Palestine” within 2 days, and 70 govt’s had done so by mid-January State Practice and Recognition: States and Governments o Objective and Subjective Tests—in theory, a govt’s judgment as to the existence of another new state or the existence of a successor government after a revolution or a coup should be based upon answers to certain objective tests: 1) does the gov’t of the ne entity exercise effective control over its country’s administrative machinery 2) Is there any resistance to the government’s authority 3) does the government appear to have the backing of substantial segment of the people in its country? o Govt’s can also use subjective tests—1913-1929, the US gov’t insisted that to be recognized by the US government, a new gov’t had to come into office by legal and constitutional means—applied the “Wilson Doctrine” to new governments in Mexico, El Salvador, Costa Rica, and Nicaragua—the doctrine denied to the peoples of those states the right to select their own governments by whatever means they chose—meant US gov’t claimed the right to determine the legality of a foreign government o A new set of objective criteria based upon human rights considerations has emerged—
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Van Glhan & Talubee ch 8 - Van Glhan & Talubee...

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