Thomas D. Grant examines the Great Debate over state
recognition, tracing its eclipse, and identifying trends in
contemporary international law that may explain the lingering
persistence of the terms of that debate. Although writers have
generally accepted the declaratory view as more accurate than its
old rival, the judicial sources often cited to support the
declaratory view do not on scrutiny do so as decisively as commonly
assumed. Contemporary doctrinal preference requires explanation.
Declaratory doctrine, in its apparent diminution of the role state
discretion plays in recognition, is in harmony, Grant asserts, with
contemporary aspirations for international law. It may seem to many
writers, he believes, that international governance functions
better in a conceptual framework that reduces the power of states
to legislate what entities are states.
Grant proceeds from this analysis of the contemporary status of
the old debate to ask what questions now take center stage. In
place of doctrine, Grant argues, process is the chief issue
concerning recognition today. Whether to recognize unilaterally or
in a collective framework; whether to acknowledge legal rules or to
let recognition be controlled by political calculus--as Grant
points out, such questions concern how states recognize, not the
theoretical nature of recognition. This is an important analysis
for scholars and researchers of international law and relations and
contemporary European politics.
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