Recognition of Governments in International

Drawing on an analysis of the diplomatic practice of states and decisions by national and international courts, this book explores the different meanings of the term "recognition" and its variants in international law. The author covers historical materials as well as recent developments in Angola, Kuwait, and Haiti.

Abbreviations

xv

Table of Cases

xxvii

Alphabetical Table

xxvii

Classification According to Countries and Courts

xxxv

Table of Treaties

lvii

Bilateral Treaties

lvii

Multilateral Treaties

lxii

Table of National Legislation

lxvii

Introduction

3

(1)

Abolition of Recognition of Governments?

3

(11)

Recognition of Governments in Exile

14

(7)

Part I. Meanings of Recognition of Governments in International Law

Meanings of 'Recognition'

21

(23)

Introduction

21

(2)

Indication of Willingness to Enter into Official Relations

23

(6)

Manifestation of an Opinion on Legal Status

29

(4)

Relationship Between the Two Meanings

33

(11)

Recognition and its Variants

44

(71)

Variants and their Meanings

44

(5)

Early Usage of de facto, Diplomatic, and de jure Recognition: The Recognition of the New States in America

49

(10)

Original Meanings of the Variants

49

(5)

Reason for the Introduction of the Variants

54

(2)

Distinction between de jure Recognition by the Former Sovereign and Recognition by Other States

56

(3)

Modern Usage of de facto and de jure Recognition

59

(56)

Relationship between de jure/de facto Recognition and Recognition of or as a de jure/de facto Government

59

(6)

Meanings of de jure Recognition

65

(12)

Meanings of de facto Recognition

77

(12)

Use of the Terms 'de facto' and 'de jure Recognition'

89

(6)

Areas of Use of de facto and de jure Recognition

95

(1)

Secession, Decolonization, or Partition of States

95

(7)

Annexation of States

102

(3)

Rival Governments of the Same State

105

(2)

Effective Governments of States

107

(1)

Meanings of Other Variants

108

(7)

Part II. Legal Status of Authorities in Exile Recognized as Governments

Preliminary Considerations

115

(2)

International Representation

117

(90)

Legal Transactions

117

(32)

Treaties

117

(1)

Treaty-making Competence

117

(12)

Limitations upon Treaty-making Competence

129

(7)

Rights and Duties under Existing Treaties

136

(6)

Unilateral Acts

142

(7)

Foreign Relations and Judicial Proceedings

149

(42)

Bilateral Relations

149

(1)

Formal Diplomatic Relations

149

(10)

Diplomatic and Consular Missions to States whose Governments are in Exile

159

(6)

Status of Diplomatic Agents Following the Government into Exile

165

(3)

Severance of Diplomatic Relations and Withdrawal of Recognition Distinguished

168

(5)

Multilateral Relations

173

(1)

Representation of Members in Inter-State Forums

173

(11)

Admission to Membership of Inter-State Forums

184

(5)

Judicial Proceedings

189

(2)

State Property Abroad

191

(11)

Access to State Property Abroad

191

(4)

The Role of the State of situs

195

(1)

The Practice of Freezing Foreign Assets

195

(1)

US Legislation: The Edge Act 1941

196

(1)

The Case of Panamanian Property in the United States

196

(3)

Succession to Property Abroad Controlled by Authorities in Exile

199

(3)

Protection of Nationals

202

(5)

Jurisdiction

207

(44)

Introduction

207

(1)

Exercise of Jurisdiction in the Host State

208

(10)

Existence of Jurisdiction

208

(7)

Consent of the Host State

215

(3)

Legislative Jurisdiction

218

(20)

Legislative Authority Inside National Territory

219

(1)

National Territory under Belligerent Occupation

219

(8)

National Territory under Control of a de facto Government

227

(4)

Extraterritorial Legislative Authority

231

(7)

Enforcement Jurisdiction

238

(5)

Recognition and Enforcement of Legislation in Exile by Foreign Courts

243

(8)

General Rule

243

(3)

Validity of the Law

246

(2)

Public Policy

248

(3)

Privileges and Immunities

251

(18)

Introduction

251

(1)

Government in Exile

252

(6)

Jurisdictional Immunities

252

(1)

Action in personam

252

(2)

Action in rem

254

(1)

Action against a Third Party

255

(1)

Inviolability of Seat of Government in Exile

256

(2)

Individual Members of the Government in Exile and its Army

258

(11)

General Principle: Qui in territorio meo est, etiam meus subditus est

258

(1)

Heads of State

259

(2)

Members of Government and Senior Staff

261

(5)

Junior and Subordinate Staff

266

(1)

Members of the Armed Forces of the Government in Exile

267

(2)

Conclusion

269

(6)

Appendices

275

(68)

I. Questionnaire on the Recognition of Governments and Answers Received

275

(11)

II. Authorities in Exile Claiming to be 'Governments': Profiles

286

(32)

III. List of Treaties Concluded by Authorities in Exile Recognized as Governments

318

(25)

Bibliography

343

(32)

Books and Articles

343

(24)

Sources of State Practice

367

(8)

Index

375

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Recognition of Governments in International Law With Particular Reference to Governments in Exile

Summary

Table of Contents

Supplemental Materials