The Effects of Non-Recognition of a State or Government by the UK in UK Courts

Recognition is “…political judgement…clothed in legal terminology.” [1] – as an act it is political in nature, and as such is in the hands of the executive. The government of one state decides to confer recognition upon another, and generally the judiciary will follow suit in making this factually significant, and carry out the practical aspects. The legality of the rise to power or emergence of a state or government may be considered though, in keeping with the principle of preventing legal rights from being…

The Arab Spring – The Seeds of Change

A decade ago, Susan Marks (arguably one of the big names in legal theory) tried to rationalise the relationship between theory and practice in the context of paradigm-shifting events. She did so in a paper reflecting on an unexpected reaction from a conference attendee: “Reflections on a Teach-in Walk-out.” January 2002, Afghanistan is invaded by the international coalition and a group of scholars were discussing the legality of it. A man in the audience leaves the room following an outburst, clearly verbalizing what he thought…

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