Pavlopoulos, Nikolaos;
(2021)
The Identity of Governments in International Law.
Doctoral thesis (Ph.D), UCL (University College London).
Abstract
The central thesis of this work is that, as a means of giving effect to the choice of that state, customary international law provides an objective framework for ascertaining the identity of the government of a state. The government of a state, which performs a distinctive function in the international representation of that state for the purposes of international law, appears to have an objective existence for all purposes of international law. Each other state does not enjoy unfettered discretion under international law to accept or reject whomever it wishes as the government of that state, even if the recognition by states of foreign governments is valuable evidence in ascertaining the international legal identity of a state’s government. At the same time, while the government of a state need be neither democratically representative nor willing to ensure the state’s compliance with the state’s international legal obligations in order to qualify for governmental status as a matter of customary international law, such matters may result in the government of a state being unable to represent the state in the context of an international organisation as a result of the exercise by that organisation of a power to limit the participation by one of its members in its work. At least certain international organisations appear to have the power, moreover, to accept as effective the ostensible representation of a state by an ostensible government which does not qualify for governmental status as a matter of customary international law, including to prevent the representation by a government which is unwilling to ensure the state’s compliance with certain international legal obligations of the state. The presumptive sovereign freedom of each state to choose its government may nevertheless inform the existence of legal restrictions on such a power.
| Type: | Thesis (Doctoral) |
|---|---|
| Qualification: | Ph.D |
| Title: | The Identity of Governments in International Law |
| Event: | UCL (University College London) |
| Language: | English |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10126880 |
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