Recognition of Governments in International Law


Book Description

Based on an analysis of the diplomatic practice of States, and decisions by national and international courts, this book explores the two central questions of the recognition of governments. These are namely: what are the meanings of the term 'recognition' and its variants in internationallaw; and what is the effect of recognition on the legal status of foreign authorities, and in particular of authorities in exile recognized as governments. The book is comprehensive in its analysis of the issues, and covers material which is of significant historical interest, as well as highlytopical material such as recent developments in Angola, Kuwait and Haiti. Thus Talmon's book will hold great appeal for international law scholars and practitioners alike. It may also be of interest to diplomats and civil servants working in organizations such as the United Nations.




Governments-in-Exile in Contemporary World Politics


Book Description

Exiled governments play a crucial role in long-standing national conflicts around the world. They have an enormous impact on transnational politics and the world order. First published in 1991, Governments-in-Exile in Contemporary World Politics examines the odd but pivotal place that governments-in-exile have in international politics. In a variety of case studies and theoretical essays by eminent scholars, this volume deals with many volatile and news-making national situations—in Palestine, Afghanistan, Iran, southwest Africa, Cambodia, Armenia, Ireland, among others—that span a range of geopolitical regions. It addresses diverse issues that are central to political science, such as: the limits of sovereignty; the role of host states; the elusive nature of representation in the absence of effective control over a home territory; international legitimation and recognition; governments-in-exile as political tools in the hands of their foreign patrons; and the actual and symbolic importance of governments-in-exile in the preservation of diasporic nations and cultures. The book fills a unique place in the literature on international politics by covering and comparing a truly international range of cases of governments-in-exile.




The Position of Heads of State and Senior Officials in International Law


Book Description

A comprehensive and in-depth study of the legal position in international law of heads of state, heads of government and other senior state officials, this book analyses relevant treaties, case law, and custom to set out the law in this area and provide practical guidance.




International Law in Domestic Courts


Book Description

The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.




Estonia as a Captive Nation


Book Description




Legitimacy in International Law


Book Description

There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.







The International Law of Occupation


Book Description

The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.




The Identity of Governments in International Law


Book Description

The Identity of Governments in International Law provides a comprehensive account of the international legal regulation of governmental status. It examines the fundamental conceptual aspects of the government of a state in international law, before analysing the law concerning the recognition of governments and the criteria for governmental status under customary international law. It also explores matters concerning the identity of governments in the context of international organizations. Presenting the positive international legal framework concerning the regulation of governmental status, the book engages extensively with historical and contemporary examples, such as the rival governments of Cambodia (1970-75; 1979-89, 1997-98); the recognition of the Taliban (1996-2001; and again beginning in 2021); and the contested identity of Venezuela's president (beginning in 2019). Given the pre-eminence of states in international law and the importance of governments to the representation of states, the systematic examination of practice grounded in solid conceptual foundations renders this book a useful reference point for scholars and practitioners in all fields of international law and beyond.




Democracy in Exile


Book Description

Anyone interested in the history of U.S. foreign relations, Cold War history, and twentieth century intellectual history will find this impressive biography of Hans Speier, one of the most influential figures in American defense circles of the twentieth century, a must-read. In Democracy in Exile, Daniel Bessner shows how the experience of the Weimar Republic’s collapse and the rise of Nazism informed Hans Speier’s work as an American policymaker and institution builder. Bessner delves into Speier’s intellectual development, illuminating the ideological origins of the expert-centered approach to foreign policymaking and revealing the European roots of Cold War liberalism. Democracy in Exile places Speier at the center of the influential and fascinating transatlantic network of policymakers, many of them German émigrés, who struggled with the tension between elite expertise and democratic politics. Speier was one of the most prominent intellectuals among this cohort, and Bessner traces his career, in which he advanced from university intellectual to state expert, holding a key position at the RAND Corporation and serving as a powerful consultant to the State Department and Ford Foundation, across the mid-twentieth century. Bessner depicts the critical role Speier played in the shift in American intellectual history in which hundreds of social scientists left their universities and contributed to the creation of an expert-based approach to U.S. foreign relations, in the process establishing close connections between governmental and nongovernmental organizations. As Bessner writes: to understand the rise of the defense intellectual, we must understand Hans Speier.