De Facto Regimes in International Law
<p>The ambiguous position of <em>de facto </em>regimes in international law has long been the subject of scholarly debate and a source of political conflict. An assessment of the current standing of these regimes in international law and the consequences of actions by international...
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| Format: | Article |
| Language: | English |
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Ubiquity Press
2012-02-01
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| Series: | Merkourios |
| Subjects: | |
| Online Access: | http://www.merkourios.org/index.php/mj/article/view/41 |
| _version_ | 1819103938865004544 |
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| author | Jonte van Essen |
| author_facet | Jonte van Essen |
| author_sort | Jonte van Essen |
| collection | DOAJ |
| description | <p>The ambiguous position of <em>de facto </em>regimes in international law has long been the subject of scholarly debate and a source of political conflict. An assessment of the current standing of these regimes in international law and the consequences of actions by international actors on this status has, however, been long overdue. The manner in which <em>de facto </em>regimes are regarded internationally has serious consequences for the individuals under the influence of this legal grey area. Therefore, the study into this problem and possible solutions is of great significance. The 2011 developments in Northern Africa underline the need of contemporary research into this area. This essay aims to clarify the position of <em>de facto </em>regimes in international law and the influence on their status by actions of international actors. The author first argues that <em>de facto </em>regimes have rights and obligations under international law, which provide them with (some form of) international legal personality. He then pleads for a reconsideration of the contemporary legal treatment of these regimes. The author argues against the current system of government recognition and proposes a system that better addresses the needs of both <em>de facto </em>regimes and the international community. </p> |
| first_indexed | 2024-12-22T01:58:25Z |
| format | Article |
| id | doaj.art-f9b6d4f96a9d4cc9979a397faefe0a64 |
| institution | Directory Open Access Journal |
| issn | 0927-460X |
| language | English |
| last_indexed | 2024-12-22T01:58:25Z |
| publishDate | 2012-02-01 |
| publisher | Ubiquity Press |
| record_format | Article |
| series | Merkourios |
| spelling | doaj.art-f9b6d4f96a9d4cc9979a397faefe0a642022-12-21T18:42:42ZengUbiquity PressMerkourios0927-460X2012-02-0128743149De Facto Regimes in International LawJonte van Essen<p>The ambiguous position of <em>de facto </em>regimes in international law has long been the subject of scholarly debate and a source of political conflict. An assessment of the current standing of these regimes in international law and the consequences of actions by international actors on this status has, however, been long overdue. The manner in which <em>de facto </em>regimes are regarded internationally has serious consequences for the individuals under the influence of this legal grey area. Therefore, the study into this problem and possible solutions is of great significance. The 2011 developments in Northern Africa underline the need of contemporary research into this area. This essay aims to clarify the position of <em>de facto </em>regimes in international law and the influence on their status by actions of international actors. The author first argues that <em>de facto </em>regimes have rights and obligations under international law, which provide them with (some form of) international legal personality. He then pleads for a reconsideration of the contemporary legal treatment of these regimes. The author argues against the current system of government recognition and proposes a system that better addresses the needs of both <em>de facto </em>regimes and the international community. </p>http://www.merkourios.org/index.php/mj/article/view/41De Facto Regimes, Recognition, International Legal Personality |
| spellingShingle | Jonte van Essen De Facto Regimes in International Law Merkourios De Facto Regimes, Recognition, International Legal Personality |
| title | De Facto Regimes in International Law |
| title_full | De Facto Regimes in International Law |
| title_fullStr | De Facto Regimes in International Law |
| title_full_unstemmed | De Facto Regimes in International Law |
| title_short | De Facto Regimes in International Law |
| title_sort | de facto regimes in international law |
| topic | De Facto Regimes, Recognition, International Legal Personality |
| url | http://www.merkourios.org/index.php/mj/article/view/41 |
| work_keys_str_mv | AT jontevanessen defactoregimesininternationallaw |