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3 Can. Y.B. Int'l L. 290 (1965)
Recognition of States and Governments under International Law with Special Reference to Canadian Postwar Practice and the Legal Status of Taiwan (Formosa)

handle is hein.journals/cybil3 and id is 300 raw text is: Recognition of States and Governments under International Law with Special Reference to Canadian Postwar Practice and the Legal Status of Taiwan (Formosa) * F EW QUESTIONS of international law have provoked more com- ments and controversies than that of recognition of states and governments. Not only are the views held by legal scholars far from being unanimous regarding the basis, function and legal implica- tions of the act of recognition but doctrinal disagreement on the real nature of recognition - as to whether it is declaratory or con- stitutive of the existence of a legal personality in international law - has divided jurists into opposing camps.' Confusion is compounded by the lack of consistency in the practice of states, inasmuch as the matter of granting recognition often touches upon their national interests and is thus fraught with political consequences. Most writers draw a sharp distinction between the problem of recognition of states and that of governments, although some justify the combination of the two subjects as being essentially the same problem.2 While the recognition of states involves a decision of the recognizing state as to whether a new political community as a corporate body possesses the ability to maintain itself as a separate This note was written in a private capacity; responsibility for the opinions expressed is the author's. See I Oppenheim, International Law 125-27 (8th ed. Lauterpacht, 1955); Herbert W. Briggs, The Law of Nations, Gases, Documents, and Notes 113-14 (2nd ed., 1952); Lauterpacht, Recognition In International Law 38-48 (1947); Quincy Wright, The Chinese Recognition Problem, (1955) 49 Am. J. Int'l L. 324; Hans Kelsen, General Theory of Law and State 221-23 (1945) and his article entitled Recognition in International Law, (194) 35 Am. J. Int'l L. 605-09; Brierly, The Law of Nations 138-40 (6th ed. Waldock, 1963); Chen, The International Law of Recognition 13-17 (1951). 2 See I Hackworth, Digest of International Law 161, 166-71 (1940); and Hans Kelsen, Recognition in International Law, (1941) 35 Am. J. Int'l L. 605-14.

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