Provides a systematic comparison of legal scholars' views and governments' practice regarding the occasions for, criteria for, and effects of recognition. It traces the evolution from the 19th century practice basing recognition mainly on effective rule to more frequent use of additional criteria in the interwar and early Cold War, to the reassertion of the primacy of effective rule since 1970 and places it in the context of contemporaneous changes in world politics.
Based on an analysis of the diplomatic practice of States, and decisions by national and international courts, this book explores the two central questions of the recognition of governments. These are namely: what are the meanings of the term 'recognition' and its variants in internationallaw; and what is the effect of recognition on the legal status of foreign authorities, and in particular of authorities in exile recognized as governments. The book is comprehensive in its analysis of the issues, and covers material which is of significant historical interest, as well as highlytopical material such as recent developments in Angola, Kuwait and Haiti. Thus Talmon's book will hold great appeal for international law scholars and practitioners alike. It may also be of interest to diplomats and civil servants working in organizations such as the United Nations.
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
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.
This new handbook provides a comprehensive and multidisciplinary overview of the theoretical and empirical aspects of state recognition in international politics. Although the recognition of states plays a central role in shaping global politics, it remains an under-researched and widely dispersed subject. Coherently and innovatively structured, the handbook brings together a group of international scholars who examine the most important theoretical and comparative perspectives on state recognition, including debates about pathways to secession and self-determination, the broad range of actors and strategies that shape the recognition of states and a significant number of contemporary case studies. The handbook is organised into four key sections: Theoretical and normative perspectives Pathways to independent statehood Actors, forms and the process of state recognition Case studies of contemporary state recognition This handbook will be of great interest to students of foreign policy, international relations, international law, comparative politics and area studies. Chapter 19 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
The bibliography lists the literature and State practice on the question of recognition in international law for the last two hundred years. It contains books and articles, ie. contributions to journals and other collected works such as Festschriften and Encyclopaedias, as well as (published and unpublished) theses, pamphlets, compilations of diplomatic documents and case notes. As many of the monographs on recognition in international law will not be available in all libraries, book reviews have been included in the bibliography in order to enable the user to decide whether it may be advisable to order a certain work by inter-library loan. Its 4,500 entries are arranged systematically according to subject categories in fourteen main sections. Each main section is further subdivided with ever-increasing specificity into sub-sections on codification, codification attempts, general studies, studies of certain recognition questions and studies of specific recognition cases. The bibliography employs a broad meaning of recognition. It is not restricted to the question of status of an authority or entity in international law but encompasses also the question of relations with it. As many of the recognition cases must be considered, and can only be understood, against their historic, political and sometimes even economic background, the bibliography includes not only purely legal treaties but also publications of a primarily historical, political or economic content which incidentally deal with aspects of recognition in international law. This is reflected by the titles of the 730 journals from more than 50 countries in 20 different languages which have been used to compile the bibliography. The bibliography contains both an author and a comprehensive subject index to enable users to locate works of a particular writer or a specific problem.
Public international law is a global legal system which regulates the conduct of countries and other actors. Public International Law offers Australian students a comprehensive and accessible introduction to international law. Covering the fundamental topics of international law – including treaties, use of force and dispute settlement – this text also discusses specialised branches such as humanitarian law, criminal law and environmental law. The key principles and theories of international law are clearly explained and analysed, and their application is illustrated by succinct, carefully chosen extracts from cases and materials. These sources strike a balance between key international cases and important cases from domestic legal systems. Discussion questions at the end of each chapter encourage students to apply and test their understanding of each topic, while a glossary of key terms clearly explains complex concepts. Written by an expert author team, Public International Law is a fundamental resource for Australian students of international law.
A Brookings Institution Press and Ash Center for Democratic Governance and Innovation publication The Innovations in American Government Awards Program began in 1985 with a grant from the Ford Foundation to the Kennedy School of Government at Harvard to conduct a program of awards for innovations in state and local government. The foundation's objective was ambitious and, in an era of "government is the problem" rhetoric, determinedly proactive. It sought to counter declining public confidence in government by highlighting innovative and effective programs. Over twenty years later, research, recognition, and replication are the source of the program's continuing influence and its vitality. What is the future of government innovation? How can innovation enhance the quality of life for citizens and strengthen democratic governance? Innovations in Government: Research, Recognition, and Replication answers these questions by presenting a comprehensive approach to advancing the practice and study of innovation in government. The authors discuss new research on innovation, explore the impact of several programs that recognize innovation, and consider challenges to the replication of innovations. Contributors include Eugene Bardach (University of California–Berkeley), Robert Behn (Harvard University), John D. Donahue (Harvard University), Marta Ferreira Santos Farah (Center for Public Administration and Government, Fundação Getulio Vargas), Archon Fung (Harvard University), Jean Hartley (University of Warwick), Steven Kelman (Harvard University), Gowher Rizvi (Ash Institute for Democratic Governance and Innovation, Harvard University), Peter Spink (Center for Public Administration and Government, Fundação Getulio Vargas), and Jonathan Walters (Governing).
A comprehensive and in-depth study of the legal position in international law of heads of state, heads of government and other senior state officials, this book analyses relevant treaties, case law, and custom to set out the law in this area and provide practical guidance.
