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題名 The International Legal Status of Unrecognized Claimants to Statehood: A Comparative Analysis of Taiwan and the Turkish Republic of Northern Cyprus
作者 蕭琇安
Hsiao, Anne Hsiu-An
關鍵詞 recognition of states ; non-recognition ; international legal personality ; Taiwan ; Turkish Republic of Northern Cyprus
日期 2011-03
上傳時間 18-Nov-2016 11:51:05 (UTC+8)
摘要 Unrecognized claimants to statehood (UCSs), as referred to in this article, are political communities that meet many of the criteria of a state according to international law, but whose claims to statehood do not receive unequivocal recognition by existing states generally or collective recognition by the international community as a whole through admission to the United Notions as a member-state. Since the end of World War II, a considerable number of UCSs have emerged under varied circumstances, such as protracted conflict within a state, secession, or as a result of a collective policy of non-recognition by the international community. This article suggests that although the lack of general recognition does affect the international legal position of a UCS and the exercise of its rights and duties, it does not render such an entity legally nonexistent. Generally speaking, where the existence of a UCS does not involve a violation of international law, other states have acknowledged the separate international legal capacity of that entity and conducted extensive dealings with it. By contrast, where a UCS is created by acts violating international law, a collective policy of non-recognition can become alarm of sanction that leads to greater limitations on the dealings of the entity concerned with the inter-national community, to the extent that its separate identity under international law may become doubtful. A comparative analysis of Taiwan and the Turkish Republic of Northern Cyprus reflects a considerable degree of consistency in state practice as regards how the positions of UCSs are tackled under international law.
關聯 Issues & Studies,47(1),1-55
資料類型 article
dc.creator (作者) 蕭琇安-
dc.creator (作者) Hsiao, Anne Hsiu-An-
dc.date (日期) 2011-03-
dc.date.accessioned 18-Nov-2016 11:51:05 (UTC+8)-
dc.date.available 18-Nov-2016 11:51:05 (UTC+8)-
dc.date.issued (上傳時間) 18-Nov-2016 11:51:05 (UTC+8)-
dc.identifier.uri (URI) http://nccur.lib.nccu.edu.tw/handle/140.119/104077-
dc.description.abstract (摘要) Unrecognized claimants to statehood (UCSs), as referred to in this article, are political communities that meet many of the criteria of a state according to international law, but whose claims to statehood do not receive unequivocal recognition by existing states generally or collective recognition by the international community as a whole through admission to the United Notions as a member-state. Since the end of World War II, a considerable number of UCSs have emerged under varied circumstances, such as protracted conflict within a state, secession, or as a result of a collective policy of non-recognition by the international community. This article suggests that although the lack of general recognition does affect the international legal position of a UCS and the exercise of its rights and duties, it does not render such an entity legally nonexistent. Generally speaking, where the existence of a UCS does not involve a violation of international law, other states have acknowledged the separate international legal capacity of that entity and conducted extensive dealings with it. By contrast, where a UCS is created by acts violating international law, a collective policy of non-recognition can become alarm of sanction that leads to greater limitations on the dealings of the entity concerned with the inter-national community, to the extent that its separate identity under international law may become doubtful. A comparative analysis of Taiwan and the Turkish Republic of Northern Cyprus reflects a considerable degree of consistency in state practice as regards how the positions of UCSs are tackled under international law.-
dc.relation (關聯) Issues & Studies,47(1),1-55-
dc.subject (關鍵詞) recognition of states ; non-recognition ; international legal personality ; Taiwan ; Turkish Republic of Northern Cyprus-
dc.title (題名) The International Legal Status of Unrecognized Claimants to Statehood: A Comparative Analysis of Taiwan and the Turkish Republic of Northern Cyprus-
dc.type (資料類型) article-