What Is Meant by State Recognition in International Law
What is meant by state recognition in international law
INTRODUCTION
Some definitions of “international law” can be found on the Web as follows: “The body of laws governing relations between nations”, “International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards, differing from other legal systems in that it concerns nations rather than private citizens. ...”, “A complex network of principles, treaties, judicial decisions, customs, practices, and writings of experts that are binding on States in their mutual relations.” The common point of the definitions is that, international law deals with the states and states activities.
Addition to the States and the State’s activities international law has a wide range of interests, as Shaw indicates “Public international law covers relations between states...and regulates the operations of the many international institutions”. Nevertheless, “the states were the original and remain the primary actors in the international legal system.” This essay considers an important case of international law, “recognition”. To make it easier to understand, first it describes the states and the criteria of statehood.
After that, it will focus on the concept of recognition, the difference ways in which it can occur and the kinds of situations it may apply in. Finally this paper will conclude by outlining the legal results of recognition.
I. STATES AS THE MAIN SUBJECTS OF INTERNATIONAL LAW
In all legal systems, the subject of law is an entity, which has enforceable rights and duties at the law. It can be a company or an individual and both are defined as “legal person” by the law.6 Legal personality is the main clause for the entities to function or in other words to allege and enforce a claim. International law is constituted by States and it is generally concerning the activities and the transactions of
INTRODUCTION
Some definitions of “international law” can be found on the Web as follows: “The body of laws governing relations between nations”, “International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards, differing from other legal systems in that it concerns nations rather than private citizens. ...”, “A complex network of principles, treaties, judicial decisions, customs, practices, and writings of experts that are binding on States in their mutual relations.” The common point of the definitions is that, international law deals with the states and states activities.
Addition to the States and the State’s activities international law has a wide range of interests, as Shaw indicates “Public international law covers relations between states...and regulates the operations of the many international institutions”. Nevertheless, “the states were the original and remain the primary actors in the international legal system.” This essay considers an important case of international law, “recognition”. To make it easier to understand, first it describes the states and the criteria of statehood.
After that, it will focus on the concept of recognition, the difference ways in which it can occur and the kinds of situations it may apply in. Finally this paper will conclude by outlining the legal results of recognition.
I. STATES AS THE MAIN SUBJECTS OF INTERNATIONAL LAW
In all legal systems, the subject of law is an entity, which has enforceable rights and duties at the law. It can be a company or an individual and both are defined as “legal person” by the law.6 Legal personality is the main clause for the entities to function or in other words to allege and enforce a claim. International law is constituted by States and it is generally concerning the activities and the transactions of