International Law

Recognition in International Law

By Hersch Lauterpacht
Cambridge University Press November 2012

Specifications

ISBN-13
9781107609433
Publisher
Cambridge University Press
Publication
November 2012
Format
Paperback , 462 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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.

Table of Contents

Part I. Recognition of States:

1. Introductory;

2. The legal nature of recognition and the practice of states;

3. The legal duty of recognition and the conditions of statehood;

4. The declaratory and constitutive views of recognition;

5. The declaratory and constitutive views of recognition (continued);

6. The procedure of recognition;

Appendix to chapters 1-6;

Part II. Recognition of Governments:

7. International law and revolutionary changes of governments;

8. The tests of recognition of governments;

9. The principle of effectiveness and the consent of the governed;

10. The legal effects of non-recognition of governments;

11. The legal nature of recognition and the duty of recognition;

Part III. Recognition of Belligerency and of Insurgency:

12. The principles of recognition of belligerency;

13. The right of the insurgents and of the lawful government to recognition of belligerency;

Appendix to chapters 12 and 13;

14. Recognition of belligerency and the principles of international law;

15. Problems of recognition of belligerency;

Appendix to chapters 14 and 15;

16. Recognition of insurgency;

17. Recognition of insurgents as a government;

18. Insurgency and piracy;

Appendix to chapter 18;

Part IV. Problems of Recognition:

19. De facto recognition, withdrawal of recognition and conditional recognition;

Appendix to chapter 19;

20. Implied recognition;

21. The principle of non recognition; Index.

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