AJIL Unbound

By: Vasiliki Saranti | January 29, 2015 | 11:45 AM EST

I. Introductory Remarks

As Erika de Wet argues in this symposium, the effective protection of democracy in the domestic legal order was neither a priority, nor even a matter of concern for the international community when the United Nations was established. Similarly, the legality of a regime at the international level was not an object of study for international law. A governmental structure that was exercising effective control of a state...

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By: Obiora Chinedu Okafor | January 27, 2015 | 09:45 AM EST

In her thought-provoking contribution to this symposium on the contemporary status of democratic legitimacy as a criterion for the recognition of governments, Professor de Wet argues, in the main, that contrary to the great expectations of the 1990s that democratic legitimacy “was becoming an additional or even alternative criterion to effective control for the purpose of the recognition of governments,” there is as yet no clear customary...

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By: Christina M. Cerna | January 23, 2015 | 12:30 PM EST

Erika de Wet argues that state practice reveals that democratic legitimacy has not established itself alongside effective control for the purpose of recognition of governments in customary international law. My response is that we do not need to look to custom, difficult as it is to identify, when we have legally binding obligations such as those set forth in both the OAS Charter and the Inter-American Democratic Charter (IADC), not to mention the...

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By: Jean d’Aspremont | January 22, 2015 | 12:00 PM EST

Recognition is a formal expression by its author about how she perceives the situation to which recognition is extended. Recognition simultaneously constitutes a means for its author to make known her own view of a situation, including the legal consequences, if any, that the author attributes to the situation, and on which the author intends to base her policy. Albeit a political act, recognition deeply affects the international legal system and carries wide-ranging legal effects...

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