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Recognition of States in International Law

Recognition of States in International Law

Author: Pavle Kilibarda
Publisher: Oxford University Press
ISBN: 9780198905653
Published In: September 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,300.00

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Description
Contents

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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 primary and original persons of international law. Drawing upon a comparative analysis of contested States ranging from Palestine and Kosovo to Somaliland and Eastern Ukraine, this book seeks to ascertain the normative value and the effects of the act of recognition in various situations, distinguishing between: cases where statehood may be inferred from applicable rules of international law, cases where statehood could only be explained by recognition, and cases where the establishment of a State is prevented by international legal norms. In addition to discussing a range of issues related to recognition, this book provides an up-to-date overview of the history of recognition, the positions of various governments, and a broad, critical summary of domestic and international jurisprudence.

1: Introduction

2: Recognition as a Legal Act

3: Types of Recognition

4: Non-Recognition

5: States in International Law

6: The Legal Personality of States

7: Recognition in Treaties, Jurisprudence, and Practice

8: Theories of Recognition

9: When Recognition is Declaratory

10: When Recognition is Constitutive

11: Statehood Beyond Recognition

12: Withdrawal of Recognition