THE ORIGIN, RECOGNITION, AND CONTINUITY OF STATES
110. The Origin and Existence of the State . -- It is not within the province of the Law of Nations to deal with the causes of the origin or of the existence and growth of States -- a subject which belongs to the province of general political science rather than to that of international jurisprudence. It is impossible to lay down juridical rules which shall determine the legality of the existence of an independent political community. The State is an historical and political fact,1 the creator rather than a creature of law; but it is possible to determine, in a general way, the rules which should govern their recognition by, or admission to, the international community. The most important of these is that they must bear the essential marks or distinguishing characteristics of a State as set forth in a previous chapter.2
The State exists independently of its recognition,3 but some form of recognition is necessary in order to secure its admission into the family of nations. There is, strictly speaking, no right to admission,4 though there are many cases in which recognition cannot long be withheld without danger of serious or embarrassing consequences.____________________
But the contrary view is maintained by equally good authorities. See e.g. Bluntschli, Art. 35; Hall, pp. 20, 103; 1 Piédelièvre, No. 122; Pomeroy, § 215; 1 Rivier, 57; and Ullmann, § 30, p. 125.
The right and duty of recognition seems to be of a moral nature. Several of the authorities (see e.g. 1 P.-Fodéré, No. 144) speak of a theoretical right of recognition which may be ignored in practice.
Questia, a part of Gale, Cengage Learning. www.questia.com
Publication information: Book title: The Essentials of International Public Law and Organization. Edition: Revised. Contributors: Amos S. Hershey - Author. Publisher: Macmillan. Place of publication: New York. Publication year: 1927. Page number: 199.
This material is protected by copyright and, with the exception of fair use, may not be further copied, distributed or transmitted in any form or by any means.