Test II

1. Make the literary translation of the text. Recognition

In international society, historically it has been the practice for one state to recognise formally the existence of another state or government. Recognition is best defined as the willingness to deal with another state or government rep­resenting the state as a member of the interna­tional community.

As far as recogni­tion of states is concerned, this may be because a former colonial territory has gained independence, as with many countries of the Commonwealth, or because part of an existing state has gained its independence from the federal authorities, as with Bangladesh and the former republics of the Soviet Union and Yugoslavia or because a former disputed territory has achieved independence through self-determination, as with Timor-Leste. Similarly, recognition of a government may be necessary when a new administration comes to power unconstitutionally or a civil war gives rise to competing administrations, as in the Sudan for the last decade.

Recognition may be either de jure (as of right) or de facto (accepting the fact of). The latter implies that there may have been something unlawful in the manner of creation of the new state or government but that its effective existence demands that it be treated as an international person. An example was the UK's de facto recognition of the Bolshevik government of the USSR in 1921. In practice, however, the distinction between de jure and de facto recognition is diminishing in importance and, indeed, in the case of states it is hardly relevant.

Essentially, the act of recognition is a political act although it may well be based on legal criteria, or partly based thereon. Thus, the decision whether to recognise will be one for the executive authorities of each state and will be influenced by political, economic and legal considerations. States may refuse recognition of an aspirant state if the latter violates international law.

2. Read the text again and say whether the following statements are true or false.

1. Recognition is a voluntary act of acknowledgement of one state by another.

2. Recognition of a government is not necessary when a new administration comes to power unconstitutionally.

3. States can conclude bilateral agreements without being recognized by each other.

4. The breach of International law by an aspirant state may lead to recognition by the international community.

3. Paraphrase the text replacing the parts in italics by synonyms.

Modes of recognition

The act of recognition of a state or government may be expressed or implied. Normally it is express. Thus in the Helsinki Treaty of 1976 the NA TO powers recognized the German Democratic Republic, while the Warsaw Pact states recognized the Federal Republic of Germany.

One form of implied recognition is for a head of state or govern­ment to pay a state visit to a hitherto unrecognized state. Egypt recognized Israel by the visit of President Sadat to Prime Minister Begin in 1978. Similarly the official visit of Prime Minister Peres to the King of Morocco in July 1986 had the effect of the recognition of Israel by Mo­rocco.

However, it is not possible for the deed to replace the intention. Thus since the United States did not intend to recognize either the state of Rhodesia or the government of Mr. Smith, the fact that certain represen­tatives of the latter, visiting the territory of the former, were permitted to have talks with government officials could not displace such intention.

The talks therefore did not imply recognition.

Withholding recognition from a state or government has occasion­ally been elevated into a 'policy of non-recognition', designed as a sanc­tion for breach of rules of international law. 'Non-recognition' is a con­certed policy by several states not to recognize an entity as a sanction for a breach of international law by the entity in question. The absorption of Manchuria by China, and of Estonia, Latvia and Lithuania by Russia in 1940 was met by such a policy.

4. Complete the following passages, using suitable forms of the words below.

. request . situation . gain

. control . admit . suspend

. cause . deprive . know

. require . lose . speak

. become . outcome

A temporary anarchic 1) ... during which a people formerly organized under a government 2) ... all governmental 3) ... through the eruption of civil war will not 4) ... the state of that quality. So long as the anarchy is 5) ... by the opposition of diverse groups seeking to 6) ... control and 7) ... the government of the state, the international community will merely 8) ... inter­national relations, and await the 9) ... (in the meantime making such tem­porary and provisional arrangements, especially of a humanitarian na­ture, as the circumstances may 10) ...). The state of Zaire, formerly 11) ... as the Congo, was 12) ... to membership of the United Nations at a time when the government of Lumumba which had made the 13) ... for admission had been overthrown, the country was in the midst of a bloody civil war, and no one was able any longer to 14) ... in the name of the government.

5. Fill in the prepositions where necessary.

1. Recognition is a political act ___ legal consequences.

2. __ the other hand, the rules __ international law cannot fully govern the relationship ___ the two states until each has recognized the other.

3. ‘Recognition’ is to be distinguished __ the same word when used __ the context of a claim ___ territory.

4. A declaration __ neutrality by a state ___ respect ___ a war or armed conflict ___ other states, may also be ‘recognized’.

5. ___ the municipal law level, all property belonging ___ the state which is, ___ the moment of recognition or subsequently, within the jurisdiction ___ the recognizing state will be ___ the disposal of the recognized government.

6. The only relevant criterion is whether the government has sufficient control ___ its territory and population to give effect to its obligations ___ international law.

7. States are not equal ___ fact. The general consequence is that each state is entitled ___ equal treatment ___ the law.

8. The act ___ recognition is not decisive of the new entity's claim ___ statehood, because that status is conferred ___ operation of international law.

9. The main question related ___ recognition ___ international law is the legal effect ___ the status of the entity recognized.

10. Recognition is essential ___ international personality.

6. Make a literary translation of the text.