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Recognition in International Law


ISBN13: 9781107609433
Published: November 2012
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £34.99



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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.

Subjects:
Public International Law
Contents:
Preface
Table of cases
List of abbreviations

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

Series: Grotius Classic Reprint Series

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