Case concerning barcelona traction light and power

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Unformatted text preview: E CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 235 UST GOLDEN NOTES 2011 A: It is an act by which a State acknowledges the existence of another State, government, or a belligerent community and indicates its willingness to deal with the entity as such under international law. Q: What are the two theories of recognition of State? A: The theories of recognition of a State are: 1. Constitutive theory – recognition is the last indispensable element that converts the state being recognized into an international person. 2. Declaratory theory – recognition is merely an acknowledgment of the pre‐ existing fact that the state being recognized is an international person. Q: Who has the authority to recognize? A: It is a matter to be determined according to the municipal law of each State. In the Philippines, it is the President who determines the question of recognition and his decisions on this matter are considered acts of state which are, therefore, not subject to judicial review. His authority in this respect is derived from his treaty‐making power, his power to send and receive diplomatic representatives, his military power, and his right in general to act as the foreign policy spokesman of the nation. Being essentially discretionary, the exercise of these powers may not be compelled. Q: Distinguish recognition of State from recognition of government. A: 1. Recognition of State carries with it the recognition of government since the former implies that a State recognized has all the essential requisites of a State at the time recognition is extended. Once recognition of state is accorded, it is generally irrevocable. 2. Recognition of government may be withheld from a succeeding government brought about by violent or unconstitutional means. Q: What are the requirements for recognition of government? A: 236 1. 2. 3. The government is stable and effective, with no substantial resistance to its authority The government must show willingness and ability to discharge its international obl...
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