Recognition of States in International Law

Abstract

NUMBER 3 RECOGNITION OF STATES IN INTERNATIONAL LAW By H. LAUTERPACHT I 2. Kunz goes to the length of maintaining that most of the adherents of the declaratory view are positivists. KuNz, Dm ANxaKENNUNG voN STAATrE uD REGmnUNGr= m V5LmwxaCHT (1928) 67. This is probably an emaggeration. But there are, in fact, some positivists who incline to the declaratory view of recognition. See, e.g., 1 Dz Lou

International Recognition of the Countries and the Foreign Policy (Theories and Precedents)

“…There were attempts to establish universal criteria for obtaining the said statuses and possibilities but no one managed to affirm itself as relevant and respected by all countries in the world. There are two theories which study this issue 9 . The first one is the Declarative theory of statehood adopted at the conference in Montevideo 10 which is best summed up in the following sentence: "The political existence of one country is independent of its recognition by other countries".…”

The recognitive practices of declaring and constituting statehood

“…Drawing inspiration from the legal positivist emphasis on consent as the justified basis for validity, early proponents claimed that a political entity comes into existence as a state in international law only if it is recognized by other sovereign states in the international community (Oppenheim 1912;Lauterpacht 1944Lauterpacht , 1947Bahcheli et al 2004). Drawing inspiration from the legal positivist emphasis on consent as the justified basis for validity, early proponents claimed that a political entity comes into existence as a state in international law only if it is recognized by other sovereign states in the international community (Oppenheim 1912;Lauterpacht 1944Lauterpacht , 1947Bahcheli et al 2004).…”

“…law (Oppenheim 1912;Kelsen 1941;Lauterpacht 1944;Raič 2002;Talmon 2005;Borgen 2010). But in recent years it has increasingly gained attention in international relations (IR) theory.…”

Between Normative Visions and Pragmatic Possibilities: The EUropean Politics of State Recognition

“…Recognition is a tool of foreign policy. Lauterpacht succinctly pointed out that the recognition of states is not 'a matter governed by law, but a question of policy' (Lauterpacht 1944). With every change of the geographical landscape of Europe, this political question of recognition had to be faced by the European Union (EU) and its member states.…”