Recognition in International LawCambridge University Press, 2012 - 504 pagine 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. |
Sommario
List of Abbreviations | xx |
INTRODUCTORY | 1 |
THE LEGAL NATURe of RecognitION | 7 |
Recognition as a Question of Fact | 23 |
Defined Territory | 30 |
The Incidental Political Element of Recognition | 36 |
VIEWS OF RECOGNITION | 38 |
The Existence of a State and the Commencement of International | 45 |
The Right of Insurgents and of the Lawful Government Contrasted | 199 |
Opinions of the Law Officers of the Crown on the Right of the Legitimate | 207 |
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 |
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 | 250 |
THE DECLARATORY AND CONSTITUTIVE | 52 |
The Retroactivity of Recognition and the Traditional Doctrines | 59 |
THE PROCEDURE OF RECOGNITION | 67 |
The Meaning of the Legal Duty of Recognition | 73 |
Opinions of the Law Officers of the Crown concerning the State of the Fiji Islands | 79 |
INTERNATIONAL LAW AND REVOLUTIONARY | 87 |
Presumption in Favour of Established Governments | 93 |
The Test of Legitimacy | 102 |
Willingness to fulfil International Obligations | 109 |
THE PRINCIPLE OF EFFECTIVENESS AND | 115 |
The Practice of the United States | 124 |
The Abandonment of the Traditional Test of Recognition after the First | 130 |
The Value of the Principle of Subsequent Legitimation through Popular | 136 |
Unrecognized Governments before Judicial Tribunals | 145 |
so The Current Criticism of the Attitude of Courts in the Matter of Recognition | 153 |
DUTY OF RECOGNITION | 158 |
The Collectivization of Recognition of Governments | 165 |
RECOGNITION OF BELLIGERENCY | 175 |
The Reasons for the Relative Infrequency of Recognition of Belligerency | 182 |
The Right of the Lawful Government to Recognition of Belligerency | 193 |
Opinion of the Law Officers of the Crown on Supply of Munitions to | 268 |
RECOGNITION OF INSURGENTS AS A GOVERNMENT | 279 |
Recognition of Insurgency and the Distinction between de facto and de jure | 288 |
INSURGENCY AND PIRACY | 295 |
Judicial Decisions page | 300 |
The Development of the Conception of Piracy | 306 |
PROBLEMS OF RECOGNITION | 329 |
The Meaning of the Distinction between de jure and de facto Recognition | 336 |
Implied Recognition de facto Recognition and de facto Intercourse | 346 |
Withdrawal of Recognition of Governments | 352 |
APPENDIX TO CHAPTER XIX | 365 |
Presumption of Recognition page | 369 |
Participation in Conferences | 380 |
The Appointment of Agents | 388 |
Implied Recognition and the Policy or Obligation of NonRecognition | 395 |
Implied Recognition of Belligerency | 403 |
THE PRINCIPLE OF NONRECOGNITION | 409 |
Acceptance of the Obligation of NonRecognition | 416 |
Invalidity of Titles based on Treaties inconsistent with Former Treaty | 426 |
The Principle of NonRecognition and the Maintenance of International | 434 |
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