ABSTRACT

This chapter focuses on statehood and recognition of States. Initially, factual and legal criteria of statehood are discussed, followed by discussion of the grounds on which statehood may be described as lawful or unlawful. The relationship between self-determination of peoples and effectiveness is also addressed. The part on recognition focuses on constitutive and declaratory theories of recognition, on de jure and de facto recognition, on policies not to recognise and duty of non-recognition. The relevant practice is discussed with regard to both recognition of States and recognition of governments. A wide range of practice of international and national courts is also addressed.