So-Called "De Facto" Recognition

Baty, Thomas

doi:10.2307/789371

Cited by 5 publications

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“…A 1921 article, 'So-Called "De Facto" Recognition', contended that the distinction between simple and de facto recognition (that is, of a belligerent) rests on a misapprehension. 374 Here, Baty introduces a concept of recognition that, consistent with his focus on canonical principles, barely relies on any appeal to what states do or have done, or criteria of statehood. If an area is under an authority that is factually obeyed, and that is not threatened by any other would-be sovereigns, then 'that district is a state, and the authority is its sovereign'.…”

Section: B Baty: Recognition In Service Of Canon-respecting Statesmentioning

confidence: 99%

A Conceptual History of Recognition in British International Legal Thought

Clark

2017

British Yearbook of International Law

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This article examines the development of the concept of recognition in the writings of British jurists. It first outlines methodologies of conceptual history as applied to international legal concepts, before examining four strands of development of the concept of recognition from the mid-nineteenth to mid-twentieth centuries. It shows how the concept of recognition moved from examining intra-European diplomatic disagreements, to a focus on Christianity, civilisation and progress that barred non-European communities, to a late colonial-era emphasis on technicalities of government and territory, and eventually a state-centric account that normalised inferiority into difference, before emerging in the interwar period as a ‘basic concept’ of international law: intensely debated and closely tied to a range of political projects. The article concludes with reflections on why British thinking turns away from recognition in the 1950s, as the decolonising world turns to a new international law and self-determination.

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Section: B Baty: Recognition In Service Of Canon-respecting Statesmentioning

confidence: 99%