Chapter

The Principle of Non-Recognition

Ian Brownlie

in International Law and the Use of Force by States

Published in print March 1963 | ISBN: 9780198251583
Published online March 2012 | e-ISBN: 9780191681332 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198251583.003.0025
The Principle of Non-Recognition

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This chapter evaluates the principle of non-recognition. The League Covenant and especially the provisions of Article 10 induced propositions on non-recognition. The principle of non-recognition was reaffirmed in instruments approved by the inter-American Conferences of 1936 and 1938. The principle of non-recognition received much criticism, both in terms of its legal basis and with reference to its effectiveness in encouraging respect for law, from the time of its first general application to forcible change in 1932. Thus, its limitations are also addressed. Non-recognition may take place whenever existing, generally accepted norms on the use of force have been violated or when regional treaty obligations have been disregarded. In addition, there is a legal duty or obligation not to recognize situations resulting from the illegal use of force which rests on state practice, general principle, and considerations of policy.

Keywords: regional treaties; obligations; League Covenant; Article 10; provisions

Chapter.  7228 words. 

Subjects: Public International Law

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