ABSTRACT

One of the most significant characteristics of international society is the pace of change. International society is never static. States come into existence,2 merge3 or dissolve;4 likewise governments are elected, are ousted and in some cases return to power. Some mechanism has to exist whereby states and governments acknowledge the existence of other states and governments. That mechanism is provided by the process of recognition. In a world of over 180 states there will always be some states and governments that are subject to turmoil and dissent. Recognition is a statement by one international legal person acknowledging the existence of another entity as a legal subject. Recognition is normally an act of government and although subject to legal criteria it will be influenced by political considerations such as approval or disapproval of the regime in question. Thus, the United States withheld recognition from the communist regime in Peking after 1949 even though there could be no real doubt that it exercised effective control throughout the territory. Similarly, many Arab states withheld recognition from the state of Israel after 1949 because of disapproval even though the permanence of the government was not in dispute.