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International Law and the Use of Force by States$
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Ian Brownlie

Print publication date: 1963

Print ISBN-13: 9780198251583

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198251583.001.0001

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The Principle of Non-Recognition

The Principle of Non-Recognition

Chapter:
(p.410) Chapter XXV The Principle of Non-Recognition
Source:
International Law and the Use of Force by States
Author(s):

Ian Brownlie

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198251583.003.0025

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

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