Recognition in International Law: With Special Reference to Russia

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RECOGNITION OF STATES Chapter I INTRODUCTORY 1 The Problem of Recognition in the Science of International Law page
1
The Place of Recognition in the Relations of States
3
The Principles of Recognition of States
6
The LEGAL NATURE OF RECOGNITION AND THE PRACTICE OF STATES 4 The Legal Conception of Recognition and Premature Recognition...
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Tests of Premature Recognition
9
6 Prohibition of Premature Recognition and the Legal Nature of Recognition page
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The Duty of Recognition and the Practice of States a The Practice of Great Britain
12
b The Practice of the United States
18
RECOGNITION OF BELLIGERENCY
175
58 The Reasons for the Relative Infrequency of Recognition of Belligerency
182
61 The Right of the Lawful Government to Recognition of Belligerency
193
The Right of Insurgents and of the Lawful Government Contrasted
199
Opinions of the Law Officers of the Crown on the Right of the Legitimate
207
Opinions of the Law Officers of the Crown on Conditions of Closure of Ports
214
Opinions of the Law Officers of the Crown on Recognized Belligerents
222
The Duty of Recognition of Belligerency and the Independence of States
228

Recognition as a Question of Fact
23
9 Governmental Professions and the Creation of Legal Rules
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The Legal Duty of RecognitION AND THE CONDITIONS OF STATEHOOD 10 The Practice of States and the Essential Conditions of Recognition ...
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11 Effective Authority
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Defined Territory
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Irrelevant Tests of Recognition of Statehood
31
The Political Aspect National Interest and the Duty of Recognition
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Recognition in Consideration of Benefits
33
The Incidental Political Element of Recognition
36
The DECLARATORY AND CONSTITUTIVE VIEWS OF RECOGNITION 17 The Constitutive View page
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The Declaratory View of Recognition
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The Declaratory View and the Practice of Courts
43
The Existence of a State and the Commencement of International Personality page
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The Automatic Test of Existence
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THE DECLARATORY AND CONSTITUTIVE VIEWS OF RECOGNITION continued 22 The Criticism of the Constitutive View on Ethical Ground...
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The Right of Existing States to determine Statehood SS 24 The Logical Argument against the Constitutive View
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The Retroactivity of Recognition and the Traditional Doctrines
59
The Problem of the Legal Nature of Recognition
61
The Acknowledgment of the Legal Nature of Recognition
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The PROCEDURE OF RECOGNITION 28 The Collectivization of the Process of Recognition page
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International Courts as Agencies of Recognition
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Municipal Courts and the Function of Recognition
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The Meaning of the Legal Duty of Recognition
73
Recognition as Declaratory of Facts and as Constitutive of Rights
75
The Antinomy of the Legal and Political Character of Recognition
76
The Problem of Recognition and the Political Integration of International Society page
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Opinions of the Law Officers of the Crown concerning the State of the Fiji Islands prior to their Annexation page
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INTERNATIONAL LAW AND REVOLUTIONARY
87
Judicial Decisions
90
Presumption in Favour of Established Governments
93
The Test of Legitimacy
102
Willingness to fulfil International Obligations
109
THE PRINCIPLE OF EFFECTIVENESS AND
115
The Practice of the United States
124
Invalidity of Titles based on Treaties inconsistent with Former Treaty
126
The Abandonment of the Traditional Test of Recognition after the First
130
The Value of the Principle of Subsequent Legitimation through Popular
136
Unrecognized Governments before Judicial Tribunals
145
so The Current Criticism of the Attitude of Courts in the Matter of Recognition
153
DUTY OF RECOGNITION
158
The Collectivization of Recognition of Governments
165
67 The Formal Argument against the Dury of Recognition of Belligerency
236
The Duty of the Lawful Government to grant Recognition
243
Recognition of Belligerency and the Spanish Civil War of 19369
250
page
262
Opinion of the Law Officers of the Crown on Supply of Munitions to
268
Other Examples of Recognition of Insurgency
274
Recognition of Insurgency and Premature Recognition of a Government
282
Recognition of Insurgency and the Distinction between de facto and de jure
288
INSURGENCY AND PIRACY
295
91 Enforcement of the Penalties of Piracy as against Unrecognized Insurgents
304
APPENDIX TO CHAPTER XVIII
311
PROBLEMS OF RECOGNITION
329
The Meaning of the Distinction between de jure and de facto Recognition
336
Implied Recognition de facto Recognition and de facto Intercourse
346
Withdrawal of Recognition of Governments
352
Recognition
365
IMPLIED RECOGNITION 108 Presumption of Recognition page
369
The Conclusion of Treaties
371
6 Bilateral Treaties
375
Participation in Conferences
380
111 Accrediting and Receiving of Diplomatic Representatives
381
Appointment and Reception of Consuls a Appointment and Reception without Request for or Issue of an Exequatur page
383
b Request for an Exequatur
384
c The Issue of an Exequatur
387
The Appointment of Agents
388
Fact and Mode of Address
391
115 Implied Recognition and the Policy or Obligation of NonRecognition page
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Admission to the General International Organization and Implied Recogni tion page
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a The League of Nations
401
b The United Nations
402
Implied Recognition of Belligerency
403
Conclusions
405
THE PRINCIPLE OF NONRECOGNITION 119 Facts as a Source of Legal Rights page
409
Recognition of New International Rights as a Condition of their Validity page
410
The Meaning of NonRecognition
412
Announcement of NonRecognition or of the Policy of NonRecognition page
414
Acceptance of the Obligation of NonRecognition
416
The Jurisprudential Basis of the Principle of NonRecognition
420
The Maxim ex injuria jus non oritur in International Law
421
The Principle of NonRecognition and the Maintenance of International
434

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