Abstract
Abstract
The final chapter recalls the debate between constitutivist and declaratist scholarship on recognition and once again argues that the contemporary tendency towards declaratist views reflects dogma with little support in positive law. The relationship between legal, de jure statehood and material, de facto statehood is not based on effectivity but will have to be ascertained on a case-by-case basis by analysing the legal norms applicable to a given situation. This does not mean that the existence of legal statehood depends exclusively on recognition, as it may also be based on UN membership or the possession of a recognised right to external self-determination. However, if this is not the case, then recognition may indeed be required for a new State to enjoy the relevant rights vis-à-vis others. Chapter 13 summarises the main findings of the book and briefly reflects on the politics of recognition.
Publisher
Oxford University PressOxford
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