| dc.contributor | 美歐研究所 | en_US |
| dc.creator (作者) | 蕭琇安 | zh_TW |
| dc.creator (作者) | Hsiao, Anne Hsiu-An | en_US |
| dc.date (日期) | 2011.03 | en_US |
| dc.date.accessioned | 13-Jun-2014 14:25:34 (UTC+8) | - |
| dc.date.available | 13-Jun-2014 14:25:34 (UTC+8) | - |
| dc.date.issued (上傳時間) | 13-Jun-2014 14:25:34 (UTC+8) | - |
| dc.identifier.uri (URI) | http://nccur.lib.nccu.edu.tw/handle/140.119/66690 | - |
| 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. | en_US |
| dc.format.extent | 14905292 bytes | - |
| dc.format.mimetype | application/pdf | - |
| dc.language.iso | en_US | - |
| dc.relation (關聯) | Issues and Studies, 47(1), 1-55 | en_US |
| dc.subject (關鍵詞) | recognition of states ; non-recognition ; international legal personality ; Taiwan ; Turkish Republic of Northern Cyprus | en_US |
| 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 | en_US |
| dc.type (資料類型) | article | en |
