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kilibarda p recognition states international law 2024

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Textbook in PDF format Brave is the young scholar who tackles in a first monograph a canonical topic of international law. The risk is of just enumerating old themes, in the words of Yeats, or instead of breaking so radically with received wisdom as to raise doubts as to the soundness of the argument. Yet scholarship on the international legal canon needs regular renewal, not least if it is to take account of developments in state and other relevant practice. The task calls for a discerning balance of respect for what has gone before and independence of mind. In practice- rich areas of the discipline it also demands a command of the historical record. The challenge can be daunting. Pavle Kilibarda is clearly not easily daunted. In Recognition of States in International Law, he tackles as canonical a topic of international law as could be imagined. He proves more than up to the task. The book covers most conceivable aspects of its classic theme, starting with what is meant by, and the purpose and forms of, the recognition of a state, as well as the concept and obligations of non- recognition, before moving to states, as under-stood in international law, and their international legal personality. Yet, perhaps naturally, the heart of the work lies in the longstanding controversy as to the legal effect of the recognition of a state. It is here that Dr Kilibarda brings to bear his emphasis from the outset on the opposability or otherwise to another state of the statehood— in the juridical, as distinct from material, sense— of a new state. He posits that the essential question ‘is not whether recognition creates statehood’, as debated by the constitutive and declaratory schools, ‘but whether it can render it opposable and, if so, under what conditions’ to an existing state. In response, he advances a ‘mixed’ theory of recognition. The general or fallback legal position, said to be rare in practice today, is that, all other legal things being equal, the rec-ognition by an existing state of a new state ‘is not only capable of giving rise’ to the opposability of the latter’s statehood to the former ‘but is necessary for it’, with the consequence that, in the bilateral legal relations between the two, recognition is constitutive of the new state’s statehood. More commonly, however, in practice, Dr Kilibarda argues, some special rule of international law renders opposable to all existing states parties to a treaty or to all existing states the statehood of a new state, in which case recognition is unnecessary for the opposability of this statehood to any of these states and the effect of any such recognition is merely declaratory. After this the book enquires into the international legal obligations of unrecognised states and the opposability to a new state of the statehood of an existing state. It closes with an analysis of the recent practice of withdrawal of recognition in cases of contested statehood

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kilibarda p recognition states international law 2024

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