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legal exercise of state recognition—historically, a bilateral exchange—now includes new interactions with international economic institutions. The innovations and multiple points of participation of international economic law have, in effect, widened the lens of “subjects” in international law. I reach
53 The Recognition of New States in Times of Secession: Is State Recognition Turning into Another Means of Intervention? Patrick C. R. Terry1 1. INTRODUCTION As globalization’s effects are being felt more keenly even in the more ru- ral areas of developed and developing states alike, many
statehood and a state comes into being ‘through recognition only and exclusively’. 14 The majority of scholars today favour a third, hybrid approach of these two schools. The hybrid understanding of state recognition concedes that recognition has some role in state formation but is not in and of itself
enforcement; humanitarian intervention; UN Charter; Russian armed forces; CIS; North Ossetia; South Ossetia; Abkhazia; military assistance; state recognition; self- defence; intervention; responsibility to protect Introduction Interference and intervention by the great powers and some intergovernmental
If rising seas render small islands uninhabitable, will displaced islanders become stateless? The modern intellectual and legal tradition tells us that states must have defined, habitable territory. If so, small islands will cease to be states, and their inhabitants will accordingly become stateless. Against this, leading scholars have recently argued that the principle of presumption of continuity of state existence implies that island states continue to be states even after becoming uninhabitable. We argue to the contrary: the principle of presumption of continuity of state existence implies no such thing. If nothing is done to prevent the loss of their territory, small islands will lose their statehood, making displaced islanders stateless.
, state recognition, 13 the Vienna formula, 14 etc. Against this backdrop, this article maintains that the ICJ may objectively assess whether or not Palestine is a state on the basis of international legal criteria of statehood in the preliminary objection stage. First, it will be discussed how the
as the legal framework prevailing during the protracted process the indigenous Ati Community in Boracay Island undertook to obtain State recognition of their ancestral domains. This case study is the product of the Author’s field research in Boracay Island, in the Provinces of Aklan and Iloilo, and