digest格式.doc

Digest 1. Convention Between the British Government and the Government of Cost Rica for the Submission to Arbitration of Certain Claims Against the Government of Costa Rica, Jan. 12, 1922, 1 Rep. Intl. Arb. Awards 371, 381 “de facto government should be recognized if it maintains a peaceful administration, with the acquiescence of the people for a substantial period of time... and should not have to follow the previous constitution” Constitutional legitimacy of a government is not a condition for recognition. 2. Recognition of Governments in International Law — With Particular Reference to Governments in Exile, Stefan talmon, p.21 Non-recognition of a government need not necessarily mean that it does not exist in the sense of international law. It may mean only that the recognizing government is unwilling to enter into normal diplomatic relations with it. Some examples of non-recognition illustrating this proposition are presented, including cases involving Costa Rica, Russia, and Angola. Non-recognition of a government need not necessarily mean that is does not exist in the sense of international law and its basic domestic actions are valid. 3. Recognition of Governments in International Law — With Particular Reference to Governments in Exile, Stefan talmon ,p.115 A government possesses the plenary and exclusive competence in international law to represent its state in the international sphere. This is the case for both in situ and governments in exile. This chapter examines the legal effects of recognition by looking at the different treatment accorded to authorities in exile recognized as a government and those not recognized as a government in the various areas of international intercourse not dependent on the exercise of effective control over territory. It argues that the legal status of a government does not prescribe a certain competence, privileges, and immunities which all authorities in exile must, to be governments, possess; rather it is a presumption t