Book contents
- Frontmatter
- Contents
- Preface
- Table of cases
- Table of treaties
- Table of Security Council resolutions
- Table of General Assembly resolutions
- Abbreviations
- 1 The framework
- 2 The preconditions of a NIAC
- 3 Thresholds and interaction of armed conflicts
- 4 Insurgent armed groups and individuals
- 5 Foreign intervention in a NIAC
- 6 Recognition
- 7 State responsibility
- 8 The principal LONIAC treaty provisions
- 9 Additional treaty texts
- 10 NIAC war crimes
- 11 LONIAC customary international law
- 12 LONIAC and human rights law
- Conclusions
- Index of persons
- Index of subjects
- References
6 - Recognition
Published online by Cambridge University Press: 05 September 2014
Book contents
- Frontmatter
- Contents
- Preface
- Table of cases
- Table of treaties
- Table of Security Council resolutions
- Table of General Assembly resolutions
- Abbreviations
- 1 The framework
- 2 The preconditions of a NIAC
- 3 Thresholds and interaction of armed conflicts
- 4 Insurgent armed groups and individuals
- 5 Foreign intervention in a NIAC
- 6 Recognition
- 7 State responsibility
- 8 The principal LONIAC treaty provisions
- 9 Additional treaty texts
- 10 NIAC war crimes
- 11 LONIAC customary international law
- 12 LONIAC and human rights law
- Conclusions
- Index of persons
- Index of subjects
- References
Summary
Conditions for the existence of a State and a Government
Every State must have a Government. Possessing a Government is one of four conditions requisite of statehood, conjointly with (i) territory, (ii) nation, i.e. population, and (iii) sovereignty, viz. independence. ‘[T]he existence of an effective and independent government is the essence of statehood’. The Government is the instrumentality through which the State – a legal personality – acts and functions (both internally and externally), exercising its rights and discharging its duties.
The powers of governance in a State are usually divided between a central authority – with jurisdiction over the entire national territory – and multiple regional (in a federal State, provincial-cantonal) as well as local authorities vested with competence within prescribed areas. Whichever way powers are allocated, the Government of a State (in the comprehensive sense of the term) must fulfil two cumulative conditions under international law: (i) independence from any other Government; and (ii) effective control over the State's territory.
Information
- Type
- Chapter
- Information
- Non-International Armed Conflicts in International Law , pp. 95 - 114Publisher: Cambridge University PressPrint publication year: 2014
References
Montevideo Convention on the Rights and Duties of States, 1933, 28 AJIL, Supp., 75, id
, Principles of Public International Law 90 (7th edn, 2008)
, The Creation of States in International Law 55 (2nd edn, 2006)
, ‘Failed States and International Law: The Impact of UN Practice on Somalia in Respect of Fundamental Rules of International Law’, 53 Ger.YIL727, 728 (2010)Google Scholar
International Law, I, 148 (9th edn, and eds., 1992)
The Foreign Relations Law of the United States 85 (1987)
Obligations and Rights under International Law’, 6 MPYUNL559, 577 (2002)
, ‘International Law and the “War against Terrorism”’, 78 Int.Aff. 301, 312–13 (2002)CrossRefGoogle Scholar
, ‘Recognition of Revolutionary Authorities: Law and Practice of States’, 27 ICLQ18, 43 (1978)CrossRefGoogle Scholar
, Recognition in International Law 382–3 (1947)
, ‘De Facto and De Jure Recognition: Is There a Difference?’, 62 AJIL457–60 (1968)CrossRefGoogle Scholar
, The Law of Armed Conflict 676 (1968)
, ‘The New British Policy on Recognition of Governments’, 30 ICLQ568, 591 (1981)CrossRefGoogle Scholar
, The International Law of Recognition with Particular Reference to Practice in Great Britain and the United States 262 (1951)
, Consular Law and Practice 76 (2nd edn, 1991)
, ‘Unilateral Intervention by Invitation in Civil Wars: The Effective Control Test Tested’, 35 NYUJILP741, 743 (2002–3)Google Scholar
, ‘Contemporary Practice of the United States Relating to International Law’, 105 AJIL776, 780 (2011)Google Scholar
and , ‘The Illegality of Military Support to Rebels in the Libyan War: Aspects of Jus contra Bellum and Jus in Bello’, 18 JCSL59, 65–6 (2013)Google Scholar
, ‘Democratic Legitimacy and the Recognition of States and Governments’, 48 ICLQ545, 566–81 (1999)CrossRefGoogle Scholar
Additional Convention to the General Treaty of Peace and Amity, 1907, 2 AJIL, Supp., 219
General Treaty of Peace and Amity, 1923, 17 AJIL, Supp., 117
International Law 122 (11th edn, ed., 1994)
Digest of International Law 85–6 ( ed., 1963)
, A Modern Law of Nations: An Introduction 62 (1949)
, ‘British Policy and the National Transitional Council of Libya’, 61 ICLQ247, 248 (2012)CrossRefGoogle Scholar
, Recognition of Governments in International Law: With Particular Reference to Governments in Exile 14–16 (1998)
and , The Legal Effects of War 33 (4th edn, 1966)
Public Prosecutor v. Koi et al. (1967), [1968] AC 829
, ‘Recognition of Belligerency and Grant of Belligerent Rights’, 23 TGS177, 199–200 (I937)
, ‘Was “Biafra” at any Time a State in International Law?’ 65 AJIL551, 555 (1971)CrossRefGoogle Scholar
, International Law 166 (4th edn, 1865)
, The Concept of War in Contemporary History and International Law 224 (1956)
and , Law Among Nations: An Introduction to Public International Law 142 (8th edn, 2007)
, The Concept of Non-International Armed Conflict in International Humanitarian Law 22–3 (2010)CrossRef
, ‘Contemporary Practice of the United States Relating to International Law’, 107 AJIL654, 655 (2013)Google Scholar
‘recognition of belligerency’ (cf. the different phraseology of the US recognition of the NTC as the Government of Libya, supra 320). The US did not militarily intervene in the NIAC. Threats of airstrikes against Syrian targets, prior to the adoption of Security Council Resolution 2118 (2013)
, The Law of War and Neutrality at Sea 287 n. 7 (ILS, 1955)
San Remo Manual on International Law Applicable to Armed Conflicts at Sea 176–8 ( ed., 1995)CrossRef
, ‘Closure of Ports by the Chinese Nationalist Government’, 44 AJIL350, 353–4 (1950)CrossRefGoogle Scholar
, ‘Methods and Means of Naval Warfare in Non-International Armed Conflicts’, 88 ILS, supra note 55, at 211, 217
and , The Law of the Sea 87 (3rd edn, 1999)
, The Law of Nations: An Introduction to the International Law of Peace 142 (6th edn, ed., 1963)
, I International Law Chiefly as Interpreted and Applied by the United States 203 (2nd edn, 1945)
Accessibility standard: Unknown
Why this information is here
This section outlines the accessibility features of this content - including support for screen readers, full keyboard navigation and high-contrast display options. This may not be relevant for you.Accessibility Information
Accessibility compliance for the PDF of this chapter is currently unknown
and may be updated in the future.