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Digest1. Convention Between the British Government and the Government of Cost Rica for the Submission to Arbitration of Certain Claims Against the Government of Costa Rica, Jan. 12, 1922, 1 Rep. Intl. Arb. Awards 371, 381Authority in italics“de facto government should be recognized if it maintains a peaceful administration, with the acquiescence of the people for a substantial period of time. and should not have to follow the previous constitution” Constitutional legitimacy of a government is not a condition for recognition.Underline what you want to prove 2. Recognition of Governments in International Law With Particular Reference to Governments in Exile, Stefan talmon, p.21Non-recognition of a government need not necessarily mean that it does not exist in the sense of international law. It may mean only that the recognizing government is unwilling to enter into normal diplomatic relations with it. Some examples of non-recognition illustrating this proposition are presented, including cases involving Costa Rica, Russia, and Angola.Non-recognition of a government need not necessarily mean that is does not exist in the sense of international law and its basic domestic actions are valid.3. Recognition of Governments in International Law With Particular Reference to Governments in Exile, Stefan talmon ,p.115A government possesses the plenary and exclusive competence in international law to represent its state in the international sphere. This is the case for both in situ and governments in exile. This chapter examines the legal effects of recognition by looking at the different treatment accorded to authorities in exile recognized as a government and those not recognized as a government in the various areas of international intercourse not dependent on the exercise of effective control over territory. It argues that the legal status of a government does not prescribe a certain competence, privileges, and immunities which all authorities in exile must, to be governments, possess; rather it is a presumption that an authority in exile which is recognized as a government possesses that competence as well as those privileges and immunities unless otherwise provided for by the recognizing state.Although aprophe has not been recognized by rantania, it still posses the rights to appear before the court.4 .Governmental illegitimacy and neocolonialism response to review by James Thuo Gathii,(2000) 98 Michigan law Review,2056-2065 Governmental illegitimacy in international law is a politically relevant proposition that the case for the democratic entitlement as the emerging norm existed in International law yet is weaker than is generally supposed and that liberal democratic legitimism. Constitutional democracy is still an important element when referred to the recognition of governments and never should be ignored.5 international law, sixth edition Malcolm shaw, p.456But where the government is firmly established, non recognition will not affect the legal character of the new government. The doctrine of effectiveness is an indication of the importance of the factual nature of any situation.Although andler government has not received much recognition from countries（it has already been recognized by 23 countries until the date of its submission to the court）, it still act as the legal one to be recognized by other countries and posses the common legal rights to sue another one before the court.6 international law, sixth edition Malcolm shaw, p.456The recognition of government can become a constitutive theory where the factual situation is in dispute ,but otherwise is purely declaratory or evidential .The andler government is to be recognized by the international society before it can appear in front of the court since the domestic situation is still in dispute with the green government.7 International law, sixth edition Malcolm Shaw, p.455Effective control is the most reliable principle, such criteria suggested that once a new government effectively controlled by the country and that this seemed likely to continue, recognition should not be withheld. The united kindom on a number of occasions adopted this approach.Since andler government has already successfully established order in over 90% of aprophian territory (comprising approximately 8% of the population), it deserves recognition from other onnelCcountries and the international society, thus posses the factual rights to appear before the court.9.Oppenheims international law, pp.183-4, and the Namibia case , ICJ reports, 1971,pp.16,46-7;49 ILR,pp.2,36-7.It is a doctrine that has been reinforced by the principle that legal rights can not derive from an illegal situation.(ex Injuria jus non oritur)doctrine of not recognizing any situation, treaty or agreement brought about by non-legal means.(Stimson doctrine)Andler government did use a illegal way lacking democracy election, namely the “military coup d etat”, it should not be conferred upon recognition and legal rights.10.International law ,sixth edition, Malcolm shaw Wilson policy of democratic legitimacy: only when the revolution which was difficult to reconcile with reality and political consideration, was supported by the people, then the government may be recognized. Tobar doctrine or the so-called doctrine of legitimacy, which suggested that government which came into power by extra-constitutional means should not be recognized ,at least until the change has been accepted by the people. This policy was applied by the United StatesSo according to this theory, Andler s government is illegal and should not be recognized until it has been accepted by its people. However, people in aprophe has not accepted andlers government, nor supported. There were groups of soldiers against her government in factuality. 11. sovereignty and human rights in contemporary international law, W.michael reismanWe, the people, inaugurate the concept of the popular will as the theoretical and operational source of political authoritythe French revolution and the advent of subsequent democratic governments confirmed the concept. Political legitimacy henceforth was to derive from popular support. Government authority was based on the consent of the people in the territory in which a government purported to exercise power.Andlers government has not been consented by peoples wills and lake of democratic election, therefore it could not represent the true will of its nationals thus can not represent aprophe before the court.12. the American journal of International law,p.22.John.N HarvardThe soviet union refused to recognize the fascist Germany, Italy and imperialist Japan during the second war, and the no less numerous creatures of Wall Street and of the city after the end of the war. Americans supported governments refused to regime fascist political implications of recognition, and non-recognition Democracy of the regime plays a vital role for the recognizing state in determining whether to recognize that regime or government and really represents the authentic will of its people.13. International law review, p.608, Hobhouse J.In deciding whether a regime was the government of a state, the court would have to take into account the followings factors:(a) whether it is the constitutional government of the state (b) the degree nature and stability of administrative control, if any, government has any dealings with it, and if so, the nature of those dealings; and (d) in marginal cases, the extent of international recognition that it has as the government of the state.When the court involved in whether the government could represent its country, if it is the constitutional government is a crucial element in its standards and should not be ignored.14 472 ukSome famous involved cases 14. Tinoco arbitration (great Britain /costa rica) 2 AD 34 e talyka linie The tinoco arbitration constitutes an interesting example of the effective control concept. Chief justice taft has referred to the tinoco administration was in effective control of the country, it was that since the valid government irrespective of the fact that a number of states including the united kingdom ,had not recognized it.15.the Gdynia ameryka linie vs boguslawski case The house of lords emphasized that the general proposition that recognition of operates retroactively, however, modified statements declared that the courts had to give effect not only to acts done by the new government after recognition, but also to acts doe before the recognition in so far as those acts related to matters under its control at the time when acts were done.16. The carl-zeiss case The foreign office certificate is binding upon the courts as to the facts it contains, it logically followed that the courts must recognize the USSR as the de jure governing authority of eastern Germany, irrespective of the creation of the GDR. 17. The case of Croatia and The case of Bosniath