Stefan Talmon
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780199248391
- eISBN:
- 9780191715334
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199248391.003.0003
- Subject:
- Law, Public International Law
Like ‘recognition’, the terms ‘de facto recognition’, ‘diplomatic recognition’, and ‘de jure recognition’ can be given meaning by establishing the intention of the authority using them within the ...
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Like ‘recognition’, the terms ‘de facto recognition’, ‘diplomatic recognition’, and ‘de jure recognition’ can be given meaning by establishing the intention of the authority using them within the factual and legal context of each individual case. The meaning of de facto and de jure recognition as well as of the other variants is therefore to be determined by an analysis of the cases in which these terms have actually been employed by states. This chapter examines the variants of the term ‘recognition’ and their meanings, early usage of the terms as exemplified by the recognition of the new states in America, and modern usage of de facto and de jure recognition. Areas of use of de facto and de jure recognition are discussed, including secession, decolonization, or partition of states; annexation of states, rival governments of the same state, and effective governments of states.Less
Like ‘recognition’, the terms ‘de facto recognition’, ‘diplomatic recognition’, and ‘de jure recognition’ can be given meaning by establishing the intention of the authority using them within the factual and legal context of each individual case. The meaning of de facto and de jure recognition as well as of the other variants is therefore to be determined by an analysis of the cases in which these terms have actually been employed by states. This chapter examines the variants of the term ‘recognition’ and their meanings, early usage of the terms as exemplified by the recognition of the new states in America, and modern usage of de facto and de jure recognition. Areas of use of de facto and de jure recognition are discussed, including secession, decolonization, or partition of states; annexation of states, rival governments of the same state, and effective governments of states.
