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Emergence of States in Classical International Law

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Chapter Summary

Classical International Law on the creation or emergence of new states was refined and re-established, in its modern form, by eminent jurists like the Polish-born Cambridge scholar, Hersch Lauterpacht, in the period between the two World Wars. The Classical International Law doctrines were divided by the two different schools of thought on Recognition, the Declaratory and the Constitutive. In the Spanish Civil War context, Julius Stone and other Western jurists had criticised the Western European powers for their sponsoring of a Non-Intervention Agreement. Latin American International Law had developed, the so-called Estrada Doctrine which effectively minimized the importance of recognition accorded by foreign governments to Latin American governments.

Keywords: Classical International Law; Declaratory theory of Recognition; European Community; Hersch Lauterpacht; Spanish civil war



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