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The Quasi-Judicial Function in Recognition of States and Governments

Published online by Cambridge University Press:  20 April 2017

Charles Henry Alexandrowicz–Alexander
Charles Henry Alexandrowicz–Alexander*
Affiliation:
Department of International Law, University of Madras
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Extract

For several generations past international lawyers have discussed the problem whether recognition of states, governments and belligerency is a matter of law or of policy. They have been unable to reach uniform conclusions. Some of them, like Professor Lauterpacht in his book on recognition, have advocated the view that there is a right to recognition and a duty to recognize.

Type
Research Article
Information
American Journal of International Law , Volume 46 , Issue 4 , October 1952 , pp. 631 - 640
Copyright
Copyright © American Society of International Law 1952

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References

1 Lauterpacht, Becognition in International Law (1948).

2 Hans Kelsen, “Becognition in International Law,” this Journal, Vol. 35 (1941), p. 605 et seq.

3 E. C. S. Wade and G. G. Philips, Constitutional Law (1950), p. 280 et seq.; W. W. Willoughby, The Constitutional Law of the United States (1929), p. 1655 et seq.

4 M. Waline, Manuel de Droit Administratif (1935).

5 As to the substantial evidence rule, see Bernard Schwarz, Law and the Executive in Britain, a Comparative Study (1949), p. 277 et seq.

6 P. C. Jessup, “Has the Supreme Court Abdicated One of Its Functions?” This, Vol. 40 (1946), p. 168 et seq.

7 H. Lauterpacht, “Becognition of States in International Law,” Yale Law Journal, Vol. 53 (1943/4), p. 407.

8 Ibid., p. 437.

9 P. M. Brown, “The Effects of Becognition,” this Journal, Vol. 36 (1942), p. 107.

10 The case of the Tinoco Concessions, in L. C. Green, International Law Through the Cases (1951), p. 103 et seq.; also this Journal, Vol. 18 (1924), p. 147.

11 C. C. Hyde, International Law (1947), Vol. I, p. 182.

12 Ibid., P. 165 et seq.

13 Edwin Borchard, “Recognition and Non-Reeognition,” this Journal, Vol. 36 (1942), p. 110.

14 C. G. Fenwick, “The Recognition of New Governments Instituted by Force,” this Journal, Vol. 38 (1944), p. 448 et seq.

15 C. H. Alexandrowicz, “Israel in Fieri,” International Law Quarterly, July, 1951.

16 In the case of recognition of the Tinoco regime in Costa Rica the State Department announced to three Central American states that it would disapprove the recognition of General Tinoco by any of them. See C. C. Hyde, op. cit., p. 168.

17 G. Schwarzenberger, Power Politics (1951), p. 203 et seq.

18 Lauterpacht, loc. cit., p. 431.

19 Hans Kelsen, The Law of the United Nations (1950), p. 66 et seq.

20 I.C.J. Reports, 1948, p. 57; this Journal, Vol. 42 (1948), p. 927; Kelsen, op. cit., pp. 72–73.

21 As to membership in the judicial community see Kelsen’s Law of the United Nations, p. 489 et seq. As to the capacity of non-recognized states to act in the international field, particularly to participate in the activities of the United Nations, see Kelsen op. cit., pp. 79, 225–227.

22 P. M. Brown, “The Recognition of Israel,” this Journal, Vol. 42 (1948), p. 624.