Legal Personality- States and International Organsisations - States as subject of International Law - IL Gleider H. Recognitions of States and governments
7 important questions on Legal Personality- States and International Organsisations - States as subject of International Law - IL Gleider H. Recognitions of States and governments
The declaratory theory maintains?
What is the Stimson doctrine?
The jure recognition, a formal act, usually follows when?
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The facto recognition is slightly different: it suggests that?
The consequences of mere de facto recognition are?
Criteria for recognizing a government are?
- Whether the entity is the constitutional government;
- The degree and nature of the administrative control, if any, exercised over the territory;
- Whether the UK government has had any dealings with that government and the 11 nature of those dealings;
- The extent of international recognition that it has as government (in marginal cases only).
What are the effects of non-recognition in municipal law?
- An unrecognized government will not have standing to sue in its own name in the courts of the non-recognizing State. statehood.
- The laws of an unrecognized entity claiming to be a State or government, in particular, will not be given effect in a court.
- Finally, any property belonging to its predecessor will not be recognized as its property. These general rules are not absolute. as there exist some exceptions.
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