Constitutional Interpretation
THE NEW AUSTRALIAN RECOGNITION POLICY IN
COMPARATIVE PERSPECTIVE
BY HILARY CHARLESWORTH*
1. INTRODUCTION
Until recently, the recognition of foreign governments played a role of some consequence in Australian foreign policy. In January 1988 the then Australian
Minister for Foreign Affairs and Trade, Bill Hayden, announced a Cabinet decision to alter Australian practice with respect to recognition: Australia would continue to recognize states but would nolonger formally recognize governments.'
The given reason for this change was that, although Australia's former policy of recognizing governments was technically a formal acknowledgement that the Government was in effective control of that State and in a position to represent that State internationally . . ., recognition of a new Government inevitably led to public assumptions of approval or disapproval of the Government concerned, and could thereby create domestic or other problems for the recognising Government. On the other hand, 'non-recognition' limited the non-recognising Government's capacity to deal with the new regime.' Doing away with recognition of governments, it was said, allowed quicker and more flexible reactions to international developments and avoided assumptions of approval of recognized regime^.^ Australia's attitude to a new regime in an existing state, particularly one installed by violent or unconstitutional means, would be ascertained by 'the nature of our policies towards and relations with the new regime.'4 These policies and relations would be indicated by factors such as public statements, the establishment or conduct of diplomatic relations, ministerial contact and other contacts such as aid, economic, defence arrangements or technical and cultural exchanges.'
The official announcement made explicit that the new policy did not imply any change in Australia's attitude towards Afghanistan or Kampuchea (now Cambodia).
Australia had refused to recognize the
COMPARATIVE PERSPECTIVE
BY HILARY CHARLESWORTH*
1. INTRODUCTION
Until recently, the recognition of foreign governments played a role of some consequence in Australian foreign policy. In January 1988 the then Australian
Minister for Foreign Affairs and Trade, Bill Hayden, announced a Cabinet decision to alter Australian practice with respect to recognition: Australia would continue to recognize states but would nolonger formally recognize governments.'
The given reason for this change was that, although Australia's former policy of recognizing governments was technically a formal acknowledgement that the Government was in effective control of that State and in a position to represent that State internationally . . ., recognition of a new Government inevitably led to public assumptions of approval or disapproval of the Government concerned, and could thereby create domestic or other problems for the recognising Government. On the other hand, 'non-recognition' limited the non-recognising Government's capacity to deal with the new regime.' Doing away with recognition of governments, it was said, allowed quicker and more flexible reactions to international developments and avoided assumptions of approval of recognized regime^.^ Australia's attitude to a new regime in an existing state, particularly one installed by violent or unconstitutional means, would be ascertained by 'the nature of our policies towards and relations with the new regime.'4 These policies and relations would be indicated by factors such as public statements, the establishment or conduct of diplomatic relations, ministerial contact and other contacts such as aid, economic, defence arrangements or technical and cultural exchanges.'
The official announcement made explicit that the new policy did not imply any change in Australia's attitude towards Afghanistan or Kampuchea (now Cambodia).
Australia had refused to recognize the