International law, Sixth edition
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International Law MALCOLM N. SHAW
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- Collective recognition
Conditional recognition
The political nature of recognition has been especially marked with ref- erence to what has been termed conditional recognition. This refers to the practice of making the recognition subject to fulfilment of certain conditions, for example, the good treatment of religious minorities as oc- curred with regard to the independence of some Balkan countries in the late nineteenth century, or the granting of most-favoured-nation status to the recognised state. One well-known instance of this approach was the Litvinov Agreement of 1933 whereby the United States recognised the Soviet government upon the latter undertaking to avoid acts prejudicial to the internal security of the USA, and to come to a settlement of various financial claims. 86 However, breach of the particular condition does not invalidate the recognition. It may give rise to a breach of international law and political repercussions but the law appears not to accept the notion of a condi- tional recognition as such. The status of any conditions will depend upon agreements specifically made by the particular parties. 87 It is, however, important to distinguish conditional recognition in this sense from the evolution of criteria for recognition generally, although the two categories may in practice overlap. 88 Collective recognition 89 The expediency of collective recognition has often been noted. This would amount to recognition by means of an international decision, whether 86 See e.g. United States v. Pink 315 US 203, 229 (1942), Whiteman, Digest, vol. II, pp. 120 ff.; 10 AD, p. 48, and A. Kiss, R´epertoire de la Pratique Fran¸caise en Mati`ere de Droit International Public, Paris, 1962–72, vol. III, pp. 40 ff. 87 See e.g. Lauterpacht, Recognition, chapter 19. See also the Treaty of Berlin, 1878 concerning Bulgaria, Montenegro, Serbia and Romania and the provisions dealing with freedom of religion, articles V, XXVII, XXXV and XLIII. 88 See further above, p. 451, with regard to the approach of the European Community to the emergence of new states in Eastern Europe and out of the former USSR and Yugoslavia. This constituted a co-ordinated stand with regard to criteria for recognition by the Community and its member states rather than collective recognition as such. 89 See e.g. Higgins, Development of International Law ; Dugard, Recognition; Lauterpacht, Recognition, p. 400; Chen, Recognition, p. 211, and Oppenheim’s International Law, pp. 177 ff. 466 i n t e r nat i o na l l aw by an international organisation or not. It would, of course, signify the importance of the international community in its collective assertion of control over membership and because of this it has not been warmly welcomed, nor can one foresee its general application for some time to come. The idea has been discussed particularly since the foundation of the League of Nations and was re-emphasised with the establishment of the United Nations. However, it rapidly became clear that member states reserved the right to extend recognition to their own executive authorities and did not wish to delegate it to any international institution. The most that could be said is that membership of the United Nations constitutes powerful evidence of statehood. But that, of course, is not binding upon other member states who are free to refuse to recognise any other member state or government of the UN. 90 Download 7.77 Mb. Do'stlaringiz bilan baham: |
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