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.
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Produktdetaljer
ISBN
9780198905677
Publisert
2024
Utgave
1. utgave
Utgiver
Vendor
OUP Oxford
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter