(XXIX), may be taken to reflect customary international law. The Court sees no reason to deny that, in customary law, the prohibition of armed attacks may apply to the sending by a State of armed bands to the territory of another State, if such an operation, because of its scale and effects, would have been classified as an armed attack rather than as a mere frontier incident had it been carried out by regular armed forces. But the Court does not believe that the concept of 'armed attack' includes not only acts by armed bands where such acts occur on a significant scale but also assistance to rebels in the form of the provision of weapons or logistical or other support. Such assistance may be regarded as a threat or use of force, or amount to intervention in the internal or external affairs of other States.” RECOGNITION 3 LEVELS A. Recognition of State B. Recognition of Government C. Recognition of Belligerency RECOGNITION OF STATE 2 Schools of Thought Constitutive School - recognition is the act which gives to a political entity international status as a State; - it is only through recognition that a State becomes an International Person and a subject of international law - thus, recognition is a legal matter—not a matter of arbitrary will on the part of one State whether to recognize or refuse to recognize another entity but that where certain conditions of fact exist, an entity may demand, and the State is under legal duty to accord recognition Declaratory School - recognition merely an act that declares as a fact something that has hitherto been uncertain - it simply manifests the recognizing State’s readiness to accept the normal consequences of the fact of Statehood - recognition is a political act, i.e., it is entirely a matter of policy and discretion to give or refuse recognition, and that no entity possesses the power, as a matter of legal right, to demand recognition - there is no legal right to demand recognition - followed by most nations ★ recognition of a State has now been substituted to a large extent by the act of admission to the United Nations ★ it is the “assurance given to a new State that it will be permitted to hold its place and rank in the character of an independent political organism in the society of nations”
Notes: PUBLIC INTERNATIONAL LAW 2008 19 Q: Explain, using example, the Declaratory Theory of Recognition Principle. (1991 Bar) A: The declaratory theory of recognition is a theory according to which recognition of a state is merely an acknowledgment of the fact of its existence. In other words, the recognized state already exists and can exist even without such recognition. For example, when other countries recognize Bangladesh, Bangladesh already existed as a state even without such recognition.
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