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When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.
was discussed by the Institut de Droit International at Siena 1 and recently, in 1954, it was the principal item of the meeting of the Netherlands Branch of the International Law Association 2. This study aims at contributing to the not too extensive literature on the subject. 11. BACKGROUND One cannot consider law and justice without considering at the same time the people whom they concern. And people again cannot be imagined without feelings, political and social views, and economic interests. The law could not exist without such a background. The history of various acts of confiscation in the twentieth century proves the enormous importance of the back ground underlying these problems. R...
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Although the recognition of States is a common occurrence in international relations and retains a central position in discussions of international law, its nature and legal effects have remained controversial well into the twenty-first century. While some believe that recognition plays a fundamental role in the creation of statehood, others deny recognition any legal value. Regardless, debates surrounding any case where statehood is disputed will sooner or later turn to the matter of recognition, or lack thereof, by other States. This book challenges the widespread views of statehood as an absolute or empirical fact and of recognition as merely declaratory in the creation of States as the p...
Employing a legal historical approach, this book describes the thematic and schematic fundamentals of the doctrine on recognition of belligerency, and analyzes some of the more significant challenges to its application. In doing so, this book seeks to inform debate as to the doctrine's continuity and utility within the modern scheme of the Law of Armed Conflict heralded by the 1949 Geneva Conventions.
First multi-year cumulation covers six years: 1965-70.
The Russian Federation’s official acknowledgement of the independence of Abkhazia and South Ossetia in August 2008 has since been undermining both overall political stability in the Southern Caucasus in general and future perspectives of Georgia’s development in particular. Such recognition of new quasi-legal entities without consent of the parent state and a subsequent erosion of the principle of territorial integrity are pressing challenges in current world affairs. The Kremlin’s controversial 2008 decision continues to be an important bone of contention in Russian-Western relations. This study explores the emergence and recent transformation of modern norms of recognition, secession...