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The Effects in Municipal Law of Australia's New Recognition Policy

The Effects in Municipal Law of Australia's New Recognition Policy The EfTects in Municipal Law of Australia's New Recognition Policy AM Greig Honours Graduate* Australian National University Introduction Recognition is the declaratory act by which a government acknowledges the existence of a particular state of facts. Recognition with respect to governments (as distinct from States) is the process by which one State accepts a new regime as representing another State in international intercourse and renews relations accordingly.2 Generally, recognition with respect to governments has only been of importance where a government has come to power by unconstitutional means.3 In the theory of internationallaw, the recognition of governments has served three functions. In the fITst place, it has been used by members of the international community to bestow a mark of legitimacy on regimes satisfying the objective criterion of effective control. Secondly, as a consequence of recognition, the new regime had some assurance that its status and rights would be respected. Thirdly, and most importantly, recognition has been an indication to courts (and others) that a particular regime was the proper authority to be considered the government of the State concerned. The difficulty that lawyers have had with recognition is that recognition is not in itself a legal act per http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Australian Year Book of International Law Online Brill

The Effects in Municipal Law of Australia's New Recognition Policy

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0084-7658
DOI
10.1163/26660229-011-01-900000006
Publisher site
See Article on Publisher Site

Abstract

The EfTects in Municipal Law of Australia's New Recognition Policy AM Greig Honours Graduate* Australian National University Introduction Recognition is the declaratory act by which a government acknowledges the existence of a particular state of facts. Recognition with respect to governments (as distinct from States) is the process by which one State accepts a new regime as representing another State in international intercourse and renews relations accordingly.2 Generally, recognition with respect to governments has only been of importance where a government has come to power by unconstitutional means.3 In the theory of internationallaw, the recognition of governments has served three functions. In the fITst place, it has been used by members of the international community to bestow a mark of legitimacy on regimes satisfying the objective criterion of effective control. Secondly, as a consequence of recognition, the new regime had some assurance that its status and rights would be respected. Thirdly, and most importantly, recognition has been an indication to courts (and others) that a particular regime was the proper authority to be considered the government of the State concerned. The difficulty that lawyers have had with recognition is that recognition is not in itself a legal act per

Journal

The Australian Year Book of International Law OnlineBrill

Published: Jan 1, 1991

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