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

by Talmon, Stefan

• ISBN13: 9780198265733
• ISBN10: 0198265735
• Format: Hardcover
• Copyright: 1998-06-04
• Publisher: Clarendon Press

Summary

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.

Table of Contents

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