The Recognition of States: Law and Practice in Debate and Evolution

Couverture
Greenwood Publishing Group, 1999 - 257 pages
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Thomas D. Grant examines the Great Debate over state recognition, tracing its eclipse, and identifying trends in contemporary international law that may explain the lingering persistence of the terms of that debate. Although writers have generally accepted the declaratory view as more accurate than its old rival, the judicial sources often cited to support the declaratory view do not on scrutiny do so as decisively as commonly assumed. Contemporary doctrinal preference requires explanation. Declaratory doctrine, in its apparent diminution of the role state discretion plays in recognition, is in harmony, Grant asserts, with contemporary aspirations for international law. It may seem to many writers, he believes, that international governance functions better in a conceptual framework that reduces the power of states to legislate what entities are states.

Grant proceeds from this analysis of the contemporary status of the old debate to ask what questions now take center stage. In place of doctrine, Grant argues, process is the chief issue concerning recognition today. Whether to recognize unilaterally or in a collective framework; whether to acknowledge legal rules or to let recognition be controlled by political calculus--as Grant points out, such questions concern how states recognize, not the theoretical nature of recognition. This is an important analysis for scholars and researchers of international law and relations and contemporary European politics.

 

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Table des matières

THE ONCEGREAT DEBATE AND ITS RIVALS
1
THE DECLARATORY PREFERENCE EXAMINED
19
DOCTRINES OF RECOGNITION TEXTUAL EVIDENCE
47
CRITERIA FOR RECOGNITION OR CRITERIA FOR STATEHOOD?
83
AN UNSOLVED PROBLEM THE PROCESS OF RECOGNITION
121
THE YUGOSLAV RECOGNITION CRISIS
149
CONCLUSION
213
SELECTED BIBLIOGRAPHY
221
INDEX
233
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Page 146 - The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d.
Page 53 - Houses at their last session, acting separately, passed resolutions "that the independence of Texas ought to be acknowledged by the United States whenever satisfactory information should be received that it had in successful operation a civil government capable of performing the duties and fulfilling the obligations of an independent power.
Page 103 - It is difficult to convey the idea of indissoluble unity more clearly than by these words. What can be more indissoluble, if a perpetual union, made more perfect, is not?
Page 101 - In those States in which ethnic, religious or linguistic minorities exist persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.
Page 136 - States Members of the United Nations are under obligation to recognize the illegality of South Africa's presence in Namibia and the invalidity of its acts on behalf of or concerning Namibia...
Page 18 - The state as a person of international law should possess the following qualifications: a) a permanent population; b) a defined territory; c) government; and d) capacity to enter into relations with the other states.
Page 89 - The phrase is simply loaded with dynamite. It will raise hopes which can never be realized. It will, I fear, cost thousands of lives. In the end it is bound to be discredited, to be called the dream of an idealist who failed to realize the danger until too late to check those who attempt to put the principle in force.
Page 58 - 2. The Department of State is cognizant of the fact that the Soviet regime is exercising control and power in territory of the former Russian Empire and the Department of State has no disposition to ignore that fact.
Page 84 - Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, ICJ Reports 1971, p.
Page 52 - The substance of the complaint is that, the plantation being- within the de facto jurisdiction of Costa Rica, that state took and keeps possession of it by virtue of its sovereign power. But a seizure by a state is not a thing that can be complained of elsewhere in the courts.

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À propos de l'auteur (1999)

THOMAS D. GRANT is a Fulbright Scholar at Cambridge University, where he is a junior member of Wolfson College. A member of the bars of Massachusetts, New York, and Washington, D.C., he received his JD from the Yale Law School and clerked on the U.S. Court of Appeals for the First Circuit. His articles have appeared in the "Virginia Journal of International Law" and "Columbia Journal of Transnational Law" among others.

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