What is meant by state recognition in international law NURULLAH YAMALI JUDGE GENERAL DIRECTORATE OF INTERNATIONAL LAWS AND FOREIGN AFFAIRS MINISTRY OF JUSTICE TURKEY CONTENTS INTRODUCTION 2 I. STATES AS THE MAIN SUBJECTS OF INTERNATIONAL LAW 3 II. RECOGNITION 5 A-RECOGNITION OF STATES 6 B-RECOGNITION OF GOVERNMENTS 7 C-DE FACTO AND DE JURE RECOGNITION 8 D-PREMATURE RECOGNITION 9 E-IMPLIED RECOGNITION 9 F-CONDITIONAL RECOGNITION 9 G-COLLECTIVE RECOGNITION 10 H- WITHDRAWAL OF RECOGNITION 10 III- NON-RECOGNITION 10 IV- LEGAL CONSEQUENCES OF RECOGNITION 11 V- CONCLUSION 12 BIPLIOGRAPHY 1 INTRODUCTION Some definitions of вЂњinternational lawвЂќ can be found on the Web as follows: вЂњThe body of laws governing relations between nationsвЂќ1, вЂњInternational law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards, differing from other legal systems in that it concerns nations rather than private citizens. ...вЂќ2, вЂњA complex network of principles, treaties, judicial decisions, customs, practices, and writings of experts that are binding on States in their mutual relations.вЂќ3 The common point of the definitions is that, international law deals with the states and states activities. Addition to the States and the StateвЂ™s activities international law has a wide range of interests, as Shaw indicates вЂњPublic international law covers relations between states... and regulates the operations of the many international institutionsвЂќ4 Nevertheless, вЂњthe states were the original and remain the primary actors in the international legal system.вЂќ5 This essay considers an important case of international law, вЂњrecognitionвЂќ. To make it easier to understand, first it describes the states and the criteria of statehood. After that, it will focus on the concept of recognition, the difference ways in which it can occur and the kinds of situations it may apply in. Finally this paper will conclude by outlining the legal results of recognition. 1 wordnet.princeton.edu/perl/webwn, accessed on 02 January 2009 Wikipedia, вЂњ International LawвЂќ, en.wikipedia.org/wiki/International_law, accessed on 02 January 2009 3 Political Geography Glossary, www.umsl.edu/~naumannj/geog%202001%20glossaries/political%20geographyh/POLITICALL%20GEO GRAPHY%20GLOSSARY.doc, accessed on 02 January 2009 4 M.N. Shaw, International Law, (6th ed., Cambridge University Press, Cambridge 2008) 2 5 n 4 above, 218 2 2 I. STATES AS THE MAIN SUBJECTS OF INTERNATIONAL LAW In all legal systems, the subject of law is an entity, which has enforceable rights and duties at the law. It can be a company or an individual and both are defined as вЂњlegal personвЂќ by the law.6 Legal personality is the main clause for the entities to function or in other words to allege and enforce a claim.7 International law is constituted by States and it is generally concerning the activities and the transactions of States. As Warbrick says вЂњInternational law..... has something to do with StatesвЂќ8 Fifty years ago it was generally admitted that вЂњ States are the only legal persons of the international lawвЂќ 9, but today conception is rather different, the participants can be regarded as; states, international organisations, regional organisations, non-governmental organisations, public companies, private companies and individuals.10 International law states that, an entity which meets the international legal criteria of statehood is able to be a State.11 And the Article 1 of the Montevideo Convention on Rights and Duties of States provides the criteria of the statehood. According the Convention a state should have; a) a permanent population b) a defined territory c) government and d) capacity to enter into relations with other states. Similarly, the Arbitration Commission of the European Conference on Yugoslavia in Opinion No. 1 declared that вЂњ the State is commonly defined as a community which consists of a territory and a population subject to an organised political authorityвЂќ and that вЂњsuch a State is characterized by sovereigntyвЂќ12 a) a permanent population; there must be some people to establish the existence of a State but there is not a specification of a minimum number of people and again there is not a requirement that all of the people be national of the state.13 b) territory; the second qualification is territory where the permanent population live on. However, there is not a necessity of having well- established boundaries as the 6 Ibid, 195 ibid, 195 8 C. Warbrick, вЂ�States and Recognition in International LawвЂ™ in Malcolm. D. Evans (ed.), International Law, 2nd ed., OUP, 2006, chapter 7., 218 7 9 D.P. oвЂ™connel, International Law for Students, (Stevens & Sons ltd., 1971) n 4 above, 196 11 n 8 above, 218 12 n 4 above , 198 13 I. Brownlie, вЂњPrinciples of Public International LawвЂќ, (7th. ed. Oxford University Press, Oxford 2008) 70; Shaw, n 4 above 199; Warbrick, n 8 above 232; 10 3 international Court of Justice said in the North Sea Continental Shelf cases, вЂњ ... there is... no rule that the land frontiers of a state must be fully delimited and definedвЂќ.14 The wellknown example is the uncertainty of the land frontiers of Israel when it was admitted as a State. 15 c) government; A State requires a government that functions as a political body within the law of the land. But it is not a condition precedent for recognition as an independent State16 d) capacity to enter into relations with other states; the fourth and last qualification is about independency, in other words independence is indicated by the criterion of capacity to enter into relations with other states.17 What are the rights and duties, the powers and immunities that attach to an entity because it is a State? Crawford (2006, pp 40-41) gives a list of five вЂњexclusive and general legal characteristicsвЂќ of States: вЂњ(1) States have plenary competence to perform acts in the international spheremake treaties and so on. (2) States are exclusively competent with respect to their internal affairsвЂњexclusiveвЂќ means plenary and not subject to control by other States. (3) States are not subject to international process without their consent. (4) States are regarded in international law as вЂњequalвЂќ, it is a formal, not a moral or political principle (5) States entitled to benefit from the Lotus presumption, especially that any derogation from the previous principles must be clearly established.вЂќ18 These are the criteria and the consequences of being a State, the next chapter will focus on to be accepted as a State. 14 North Sea Continental Shelf, Judgment,ICJ Reports 1969, p.3, para 46 Warbrick, n 8 above 233 16 Shaw, n 4 above 200 17 I. Brownlie, вЂњPrinciples of Public International LawвЂќ, (7th. ed. Oxford University Press, Oxford 2008) 71 18 Warbrick, n 8 above, 242 15 4 II. RECOGNITION At the first years of 20th. century, there were nearly fifty states in the world arena, just before the World War II the number reached approximately seventy-five and in 2005, there were almost 200.19 Each State creation, again and with some problems, put the recognition concept on the agenda of international community. Recognition has become much important especially by reason of its results. What is meant by recognition of States? Grant defines it as вЂњa procedure whereby the governments of existing states respond to certain changes in the world community.вЂќ20 Then, it can be said that, recognition is an activity of States as a вЂњlegal personвЂќ of international law. As mentioned above because of its results, today recognition is a popular subject of international law. Recognition of an entity doesnвЂ™t mean only that this entity has met the required qualifications, but also that the recognising state will enter into relations with the recognised State and let that State to enjoy usual legal consequences of recognition such as privileges and immunities within the domestic legal order21 Therefore it is claimed that, generally the decision of to recognise or not, depends on political views rather than legal grounds.22 It is right because to enter into relations with a foreign State and permit some privileges to her, is directly relevant to the StateвЂ™s interests. Thus, when States give a decision about recognition, of course they will weigh the advantages against the disadvantages of this decision. Is there a duty of recognition? Lauterpacht and Guggenheim hug the opinion that recognition is constitutive, but that there is a duty to recognise.23 This point of view has been criticised as bearing no relation to the State practice and for its inconsistency.24 Browlie asserts that, вЂњrecognition is an optional and political act and there is no duty in this regard.вЂќ25 19 J. Crawford, вЂњThe Creation of States in International LawвЂќ,(2th., Clarendon Press, Oxford 2006) 4 T.D. Grant, вЂњThe Recognition of States: Law and Practice in Debate and EvolutionвЂќ,(Praeger Publishers, Westport, CT.1999) 21 International Law, вЂњRecognitionвЂќ, http://web.wits.ac.za/NR/rdonlyres/E0A48346-CB0B-4BEC-95B1DD3FD4DEDD58/0/Overhead15.doc , accessed on 02 January 2009 22 Shaw, n 4 above, 445 23 Browlie, n 17, 86 24 ibid 87 25 ibid 88 20 5 A-RECOGNITION OF STATES There are mainly two theories relevant to recognition, the constitutive and the declaratory theory. The constitutive theory asserts that States and governments do not legally exist until recognised by the international community and the declaratory theory adopts that States and governments gain in the international personality when they come into existence.26 According the constitutive theory, creation of a new State depends on the acceptance of present States. The new State will have the rights and duties at the time of being recognised. However, this theory has some queries, such as what will happen if some existing States recognise the new one and the others do not? And how it could be possible to put in force some restrains, like prohibition on aggression, against the unrecognised State?27 The declaratory theory claims that a State will be formed free from the consents of the other States, just after she meet the international requirements. This approach is laid down in the first sentence of Article 3 of the Montevideo Convention (1933), "The political existence of the state is independent of recognition by the other states." The declaratory theory seems to be more adequate for practice than the other.28 Since the recognition has a political side, in practice the States prefer a middle way between these two doctrine; in addition to classic qualifications to seek some basic requirements of international law for recognition.29 In the past, it was sufficient for a new State to fulfill the four criteria. In 1930s some States also looked for that a new State must obey some fundamental standards of the international community.30 As an example for recent times, in the European Communities Declaration on the "Guidelines on the Recognition of new States in Eastern Europe and the Soviet Union" it is indicated that вЂњ'The Community and its member States adopt a common position on the process of recognition of these new States, which requires: - respect for the provisions of the Charter of the United Nations and the commitments subscribed to in the Final Act of Helsinki and in the Charter of Paris, especially with regard to the rule of law, democracy and human rights; - guarantees for the rights of ethnic and national groups and minorities in accordance with the commitments subscribed to in the framework of the CSCE 26 Dr. A. Kirchner, вЂњPublic International Law: Recognition of States and GovernmentsвЂќ http://74.125.77.132/search?q=cache:DYc8uDhkiD4J:mlecture.unibremen.de/intern/ws2005_2006/fb06/vak-06009/20051110/folien.pdf+%22RECOGNITION+OF+STATES%22&hl=en&ct=clnk&cd=50&gl=uk , accessed on 02 January 2009 27 Shaw, n 4 above, 446 28 ibid 446 29 ibid 446 30 A. Cassese, вЂњ International LawвЂќ, (2nd ed., Oxford University Press, Oxford 2005) 6 - respect for the inviolability of all frontiers which can only be changed by peaceful means and by common agreement; - acceptance of all relevant commitments with regard to disarmament and nuclear non-proliferation as well as to security and regional stability; - commitment to settle by agreement, including where appropriate by recourse to arbitration, all questions concerning State succession and regional disputes. The Community and its member States will not recognise entities which are the result of aggression.вЂќ At the end of the Declaration, as a conclusion, it is added that вЂњThe commitment to these principles opens the way to recognition by the Community and its member States and to the establishment of diplomatic relations.вЂќ However, it will be well-advised to repeat that, in practice recognition is used for to point out political approval or disapproval. Political assessments always effect the decision.31 B-RECOGNITION OF GOVERNMENTS As mentioned above the third criteria of the statehood is an вЂњeffective governmentвЂќ, therefore a decision to recognise a new State generally includes the recognition of government.32 They might be seen as similar concepts; however, recognition of a government is different from recognition of a State. Recognition of government would be discussed where the change of the government is unconstitutional.33 In practice, the effective control of the new government over the territory is a preferable criterion for the recognition but it requires being settled and likely to continue.34 The other difference is that, the recognition of a State is about its legal personality on the other hand recognition of a government is relevant to the status of the administrative authority.35 Effective control has a common use but it is not the only approach for the recognition of government, the Tobar doctrine handles it in a different way. According to Tobar doctrine, an unconstitutional change of the government should be recognised only when the people accept it. This was used by United States in Central America especially in order to protect stability.36 In 1980 UK declared that, it would not recognise the governments apart from States. Shaw argues that correctly, вЂњthe reason of this declaration was the perception that recognition meant approval and was often embarrassing for instance in case of regimes 31 n 21 above Warbrick, n 8above, 253 33 Shaw, n 4 above, 454 34 Ibid 446 35 ibid 456 36 ibid 457 32 7 violating human rights.вЂќ37 This political change, to not recognise governments officially, was followed by the other countries after a short time. C-DE FACTO AND DE JURE RECOGNITION Akehurst argues that the distinction between de facto and de jure recognition is one of the most confused circumstances of recognition and at first hand he objects the expressions de facto and de jure recognition. According to him, they are technically in correct, since the words de jure or the de facto describes the government not the act of recognition.38 Indeed, the subject is about the legal status of the government. Similarly, Aust gives a definition of the de facto and de jure recognition by relying on the legal status of the government: вЂњRecognition de jure means that the entity fully satisfies the applicable legal criteria; recognition de facto is only of the current position of the entity, and is therefore usually provisionalвЂќ39 De jure recognition is of course stronger, while de facto recognition is more tentative and more connected with effective control of the recognised state over its territory, as when the United Kingdom recognised the Soviet Union de facto in 1921, but de jure only in 1924. 40 The assessments or the definitions of the both concepts can be change in different situations but it is the fact that everything is relevant to the intention of the government concerned and the general context of fact and law.41 De facto recognition can be thought as an attitude of wait and see, since it includes ambiguity. This method gives the recognising state the opportunity of acting in accordance with the political facts and its interests.42 D-PREMATURE RECOGNITION Since it is a political decision of States, in some circumstances, the recognition occurs before the criteria of statehood have been fulfilled by the new State. In such cases, the problem is to determine the premature recognition is an intervention in the internal 37 ibid 458 P. Malanczuk, M.B. Akehurst, вЂњAkehurstвЂ™s Modern Introduction to International LawвЂќ ( Routledge, 1997) 88 39 A.Aust, вЂњ Handbook of International LawвЂќ (Cambridge University Press, 2005) 26 38 40 Wikipedia,вЂњRecognition of states and governments,http://en.wikipedia.org/wiki/Diplomatic_recognition, accessed on 05 January 2009 41 42 Brownlie, n 17 above, 91 Shaw, n 4 above, 460 8 affairs of another state or is an admissible recognition of a new state that has emerged or is emerging as a result of secession.43 Recognitions of Bosnia-Herzegovina and Croatia were the well-known examples of premature recognition in the near past as both states had not an effective control on their whole parts of territories at the time being recognised. E-IMPLIED RECOGNITION Recognition is about intention and may be expressed or implied.44 To understand how a State may recognise another State by implication it is necessary to look into the some certain circumstances. Lauterpacht states that, the establishing of diplomatic relations and maybe, to grant the exequatur or signing a bilateral treaty includes extensive relations between the two states justify the implication.45 A congratulation message to a new State for obtaining sovereignty will bear recognition of that State, but unofficial contacts do not have the same result, just like the informal relations established between United States and Communist China in the 1960s and early 1970s.46 It does not mean recognition when two states both signed a multilateral treaty such as United Nations Charter. Israel and many Arab countries are UN members at the present but it does not change Arab non-recognition of the Israel State. On the other hand when a State affirms the membership in the UN of an entity, needless to say that recognition occurs. As an example, United Kingdom recognised the Former Yugoslav Republic of Macedonia by supporting its membership in the UN. 47 In practice the implied recognition is not preferred since the states want to have their control of recognition and in general they use a formal way for it.48 F-CONDITIONAL RECOGNITION Conditional recognition means that to recognise an entity as a State only when it fulfills some conditions. It was first seen in the Berlin Congress of 1878, Great Britain, France, Italy and Germany marked the recognition of Bulgaria, Serbia, Romania and Montenegro with the condition that these countries would not impose any religious disabilities on any of their subjects. 43 ibid 461 Brownlie, n 17 above, 91 45 ibid 91 46 Shaw, n 4 above, 463 47 ibid 464 48 ibid 464 44 9 It may cause some political problems but the non-observance of the condition would not invalidate the recognition. Since the law does not attach value to any condition unless it depend upon agreements made by the particular parties.49 G-COLLECTIVE RECOGNITION In 1971 the International Law Commission stated that collective recognition вЂњmeans that States act collectively during the process of receiving information of the situation, evaluating that information and reaching a decision, and communicating that decisionвЂќ50 This may be seen as a result of increased corporation between the States. The idea of act collectively has been a subject of a debate since the foundation of the League of Nations and the establishment of the United Nations.51 However, the States preferred to keep the control of recognition in their authorised bodies. As Shaw stated вЂњThe most that could be said is that membership of the United Nations constitutes powerful evidence of statehoodвЂќ 52 H- WITHDRAWAL OF RECOGNITION Sometimes it is possible to withdrawn a granted recognition. Especially, it is easier for the de facto recognition53 since the position is different with the de facto recognition which includes an ambiguity for the future of the entity. If the government of the entity loses the effective control on its territory there will be no ground for recognition and it may be taken back. On the other hand de jure recognition is more difficult to withdraw because as mentioned above it is stronger than de facto recognition. De jure recognition may be the case only if the State is annexed or conquered by another State. III- NON-RECOGNITION The doctrine of non-recognition, also known as the Stimson Doctrine of nonrecognition, means to not grant recognition to the new entities or the some factual positions which are the result of any illegal actions such as using force.54 It supported the 49 ibid 465 вЂњDocument:- A/CN.4/245, Survey of international law - Working Paper prepared by the SecretaryGeneral in the light of the decision of the Commission to review its programme of workвЂќ Extract from the Yearbook of the International Law Commission:-1971, vol. II(2), p.18 50 51 Shaw, n 4 above, 466 ibid, 466 53 ibid, 466 54 S. K. Verma, вЂњAn Introduction to Public International LawвЂќ, (PHI Learning, 2004) 110 52 10 principle that legal rights cannot obtain from an illegal situation. ( ex injuria jus non oritur)55 The doctrine was brought forward by the United States Secretary of State, Mr. Stimson in 1932, relevant to the Japanese occupation of Manchuria.56 It was accepted by a resolution of the Assembly of the League of Nations. In the resolution it is stated that; вЂњConsidering that the principles governing international relations and the peaceful settlement of disputes between members of the League above referred to are in full harmony with the Pact of Paris, which is one of the corner-stones of the peace organization of the world, and under Art. 2 of which the High Contracting Parties agree that the settlement or solution of all disputes or conflicts, of whatever nature and whatever origin they may be, which may arise among them, shall never be sought except by pacific means; . . . proclaims the binding nature of the principles and provisions referred to above and declares that it is incumbent upon the members of the League of Nations not to recognize any situation, treaty, or agreement, which may be brought about by means contrary to the Covenant of the League of Nations or to the Pact of Paris. . . .вЂќ57 However this intention did not reflect to the practice until the Second World War; вЂњthe Italian occupation of the Empire of Ethiopia and the German takeover of Czechoslovakia were recognised de facto over the years by Western Powers.вЂќ58 After 1945 it was again discussed and took place in some international instruments such as UN Charter (Article 2(4)), the draft Declaration on the Rights and Duties of States and Security Council resolution 242 (1967) on the solution to the Middle East conflict.59 Especially draft Declaration on the Rights and Duties of States indicated that, every State has the duty to refrain from recognizing any territorial acquisition by another State where achieved by means of the threat or use of force or in any other manner inconsistent with international law and order. In this context, вЂњin 1990, the Security Council adopted resolution 662, which characterised the Iraqi annexation of Kuwait вЂњnull and voidвЂќ and called on all states and institutions not to recognise the annexation.вЂќ60 IV- LEGAL CONSEQUENCES OF RECOGNITION вЂњRecognition is a unilateral act of a State and one that has international legal consequencesвЂќ, for instance where State grant recognition to an entity, it accepts that they will have relations subject to international law on basis of State/State.61 In practice, like claimed by declaratory theory, the political existence of a State is not bound to the recognition of other States, therefore an unrecognised State has to act comply with the 55 Shaw, n 1 above,468 ibid,468 57 вЂњEvents 1932вЂќ, http://www.ibiblio.org/pha/events/1932.html, accessed on 06 January 2009 58 Shaw, n 4 above 468 59 ibid, above, 469 60 ibid, above 470 61 Warbrick, n 8 above 250 56 11 international law rules.62 It means that, when the States sign an international agreement which is signed by a State they have not recognised, they will have the right to ask from that state to fulfill the responsibilities grow out of the agreement.63 After recognition, the recognising States would respect to the rights of the new State which indicated in the International Law Commission Draft Declaration on Rights and Duties of States, 1949, such as вЂњright to independence and hence to exercise freely, right to exercise jurisdiction over its territory and over all persons, right to equality in law with every other State, right of individual or collective self-defense against armed attackвЂќ64 The participation in the international process is not the only result of recognition, at the same time the recognised State will be able to enjoy usual legal consequences of recognition such as privileges and immunities within the domestic legal order. As an example, Plessis lists some privileges and immunities within the municipal law of United Kingdom as follows: вЂњ в—Џ Only a recognized state or government has locus standi in the UK courts в—Џ Only a recognized state or government (or its agents), may plead immunity from suit. It cannot be sued without its consent. в—Џ Only the legislative, executive or judicial acts of a recognized state or government will be given legal effect within the United KingdomвЂќ65 Shaw adds one more вЂњit will be entitled to possession in the recognising state of property belonging to its predecessor.вЂќ66 V- CONCLUSION Recognition is one of the most difficult and complicated topics in international law. It is complicated because it involves important political results and legal effects both in international and municipal law. Political assessments always effect the recognition decision. Where the States give a decision about recognition, of course they will weigh the advantages against the disadvantages of this decision. If it is looked into the some cases relevant to recognition in international law, I think it can be understood clearly, to 62 Shaw, n 4 above 471 ibid 471 64 Text adopted by the International Law Commission at its first session, in 1949, 65 M.D. Plessis, вЂњRecognition Of States & GovernmentвЂќ, University Of Kwazulu-Natal Faculty Of Law International Law 2007(1), http://www.library.und.ac.za/Recognition_states_governments.doc , accessed on 07 January 2009 63 66 Shaw, n 4 above 472 12 grant recognition completely depends on political considerations. In my point of view, recognition for a State means merely to decide that, whether it is suitable for her needs or not. There are basically two theories to explicate recognition; the constitutive and the declaratory theory. The constitutive theory asserts that States and governments do not legally exist until recognized by the international community and the declaratory theory adopts that States and governments gain in the international personality when they come into existence. I think the declaratory theory is more conformable to reason and parallel to the practice of international law and it is supported by the Montevideo Convention on Rights and Duties of States. However, I think it is very difficult to lay down a regulation on state activities, since they are not stable. They may change time to time. Rules concerning recognition have the same character. Every case should be assessed in itself. International law is made by States and again breached by States. There is always an exception of rules in international law. The important thing is to find a legal cover and nowadays it does not seem to be so difficult. I think in the past States were more honest, it was easy to understand what they really intend to do but today the situation is different, an explanation or a behavior can be understood only after seeing the results. And it is called policy which the decision of recognition rely on. BIBLIOGRAPHY 1- wordnet.princeton.edu/perl/webwn, 2- Wikipedia, вЂњ International LawвЂќ, en.wikipedia.org/wiki/International_law, 13 3- PoliticalGeographyGlossary, www.umsl.edu/~naumannj/geog%202001%20glossaries/political%20geograp hyh/POLITICALL%20GEOGRAPHY%20GLOSSARY.doc 4- SHAW, M.N. International Law, (6th ed., Cambridge University Press, Cambridge 2008) 5- WARBRICK,C., вЂ�States and Recognition in International LawвЂ™ in Malcolm. D. Evans (ed.), International Law, 2nd ed., OUP, 2006, chapter 7., 6- OвЂ™CONNEL, D.P., International Law for Students, (Stevens & Sons ltd., 1971) 7- BROWNLIE, I., вЂњPrinciples of Public International LawвЂќ, (7th. ed. Oxford University Press, Oxford 2008) 8- North Sea Continental Shelf, Judgment,ICJ Reports 1969, p.3, para 46 9- CRAWFORD J., вЂњThe Creation of States in International LawвЂќ,(2th., Clarendon Press, Oxford 2006) 10- GRANT, T.D. вЂњThe Recognition of States: Law and Practice in Debate and EvolutionвЂќ,(Praeger Publishers, Westport, CT.1999) 11-International Law,вЂњRecognitionвЂќ, http://web.wits.ac.za/NR/rdonlyres/E0A48346-CB0B-4BEC-95B1 DD3FD4DEDD58/0/Overhead15.doc 12-KIRCHNER, Dr. A. вЂњPublic International Law: Recognition of States and GovernmentsвЂќ http://74.125.77.132/search?q=cache:DYc8uDhkiD4J:mlecture.unibremen.de/intern/ws2005_2006/fb06/vak-06009/20051110/folien.pdf+%22RECOGNITION+OF+STATES%22&hl=en&c t=clnk&cd=50&gl=uk 13- CASSESE, A. вЂњ International LawвЂќ, (2nd ed., Oxford University Press, Oxford 2005) 14-AUST, A. вЂњ Handbook of International LawвЂќ (Cambridge University Press, 2005), http://books.google.co.uk/books?id=EqO9rKIcoQMC&pg=PA26&lpg=PA26 &dq=de+jure+and+de+facto+recognition&source=web&ots=r3cNfYCi1s&si g=q3LDDPG_fF0Ae_HJDTKWOYNVzY&hl=en&sa=X&oi=book_result&re snum=5&ct=result 15-WIKIPEDIA,вЂњRecognition of state and governmentsвЂќ, 14 http://en.wikipedia.org/wiki/Diplomatic_recognition, 16- VERMA, S.K. вЂњAn Introduction to Public International LawвЂќ, (PHI Learning, 2004) http://books.google.co.uk/books?id=1oQxRzp9MoAC&pg=PA102&lpg=PA1 02&dq=%22conditional+recognition%22&source=web&ots=SKLROLw6o0 &sig=GF7bfEVT6Ti2vNmi0hXglpJA_B8&hl=en&sa=X&oi=book_result&re snum=1&ct=result#PPA102,M1 17- вЂњEvents 1932вЂќ, http://www.ibiblio.org/pha/events/1932.html, 18- PLESSIS, M.D. вЂњRecognition Of States & GovernmentвЂќ, University Of Kwazulu-Natal Faculty Of Law International Law 2007(1), http://www.library.und.ac.za/Recognition_states_governments.doc , 15