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Recognition in International Law

Published online by Cambridge University Press:  12 April 2017

Hans Kelsen*
Affiliation:
Harvard University

Extract

The problem of recognition of states and governments has neither in theory nor in practice been solved satisfactorily. Hardly any other question is more controversial, or leads in the practice of states to such paradoxical situations.The reason for this lies in the fact that the term recognition points to twoentirely different acts, not clearly separated either in theory or in practice. A codificationof the norms of general (common) international law concerning recognition must above all furnish a clear distinction between the two functions known as recognition.

Type
Research Article
Copyright
Copyright © American Society of International Law 1941

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