The meaning of recognition of governments varies in time and between individual States. At a minimum it entails that the recognising State wishes to be bound by the international legal consequences of recognition. How to recognise a government is not defined, as the decision whether or not to recognise a government is a unilateral act and at the discretion of each individual State. The most important criteria for recognising a government are the effective control and the legitimacy doctrine, although some States have decided to abolish the recognition of governments all together. Applying the criteria for recognition of governments to the conflict in Libya in 2011, it is concluded that the recognition of the Transitional National Council by some States while the Gadaffi regime was still in control over large parts of the territory is probably not supported by the effective control or legitimacy doctrine. This could invoke State responsibility.
Purchase
Buy instant access (PDF download and unlimited online access):
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your brill.com account
ILC (2003), supra note 4, para. 67.
Talmon (1998), supra note 4, p. 22.
Shaw (2008), supra note 10, p. 454.
ILC (2003), supra note 5, para. 253.
ILC (2003), supra note 5, para. 267.
ILC (2003), supra note 4, para. 39.
See for example Talmon (1998), supra note 4, p. 47.
Shaw (2008), supra note 10, p. 460. For more on de facto and de jure recognition see Hersch Lauterpacht, Recognition in International Law (1974).
Some years later, in 1924, the United Kingdom also granted de jure recognition. See N.D. Houghton, “Recognition in International Law”, 62 American Law Review (1928) p. 231.
ILC (2003), supra note 4, para. 33.
ILC (2004), supra note 17, para. 252.
Shaw (2008), supra note 10, p. 463.
Warbrick (1981), supra note 31, p. 570.
Menon (1994), supra note 28, pp. 18–26.
See also Grant (1999), supra note 7, pp. 48–55.
Shaw (2008), supra note 10, p. 445.
Term as used by Menon (1994), supra note 28, p. 92.
Roth (2000), supra note 44, p. 141.
Roth (2000), supra note 44, pp. 183, 274.
As quoted in Kuyper (1978), supra note 39, p. 379.
Warbrick (1981), supra note 31, p. 571.
Menon (1994), supra note 28, p. 88.
For this and more, see Chen (1951), supra note 54, pp. 112–113.
Franco Chilean Arbitral Tribunal (1901), and reaffirmed by the Franco Peruvian Arbitral Tribunal of 1921. Quoted in Lynn Woolsey, “The Non-Recognition of the Chamorro government in Nicaragua”, 20 The American Journal of International Law (1926) p. 548.
Roth (2000), supra note 44, p. 146.
Menon (1994), supra note 28, p. 99.
Shaw (2008), supra note 10, p. 458.
Cf. Doc. NL/14. Quoted in Ribbelink (1999), supra note 38, p. 44.
Peterson (1983), supra note 28.
Report by the BBC on 10 March 2011, supra note 1.
Report by the BBC on 13 June 2011. ‘Germany recognizes Libya rebels as sole government’. Retrieved on 18 June 2011 at: http://www.bbc.co.uk/news/world-europe-13753422.
Talmon (2011), supra note 2, p. 2.
Report by Middle East Online on 13 June 2011. ‘Libyan rebels earn more international recognition’. Retrieved on 18 June 2011 at: http://www.middle-east-online.com/english/?id=46676.
Talmon (2011), supra note 2, p. 4.
Al Jazeera (2012). Militias could drag Libya into civil war-NTC chief. 4 January 2012. Retrieved on 9 March 2012 at: http://www.trust.org/alertnet/news/militias-could-drag-libya-into-civil-war-ntc-chief/.
Al Jazeera (2012). Eastern Libyan leaders seek semi-autonomy. 6 March 2012. Retrieved on 10 March 2012 at: http://www.aljazeera.com/news/africa/2012/03/201236123841695817.html.
BBC (2011). Libya unrest: Fighting in Tripoli as loyalists hold out. 24 August 2011. Retrieved on 29 August 2012 at: http://www.bbc.co.uk/news/world-africa-14646334.
Peterson (1997), supra note 28, p. 156.
All Time | Past 365 days | Past 30 Days | |
---|---|---|---|
Abstract Views | 13470 | 2627 | 237 |
Full Text Views | 797 | 211 | 39 |
PDF Views & Downloads | 1433 | 533 | 75 |
The meaning of recognition of governments varies in time and between individual States. At a minimum it entails that the recognising State wishes to be bound by the international legal consequences of recognition. How to recognise a government is not defined, as the decision whether or not to recognise a government is a unilateral act and at the discretion of each individual State. The most important criteria for recognising a government are the effective control and the legitimacy doctrine, although some States have decided to abolish the recognition of governments all together. Applying the criteria for recognition of governments to the conflict in Libya in 2011, it is concluded that the recognition of the Transitional National Council by some States while the Gadaffi regime was still in control over large parts of the territory is probably not supported by the effective control or legitimacy doctrine. This could invoke State responsibility.
All Time | Past 365 days | Past 30 Days | |
---|---|---|---|
Abstract Views | 13470 | 2627 | 237 |
Full Text Views | 797 | 211 | 39 |
PDF Views & Downloads | 1433 | 533 | 75 |