This paper seeks to illustrate the major role, which the introduction by Britain of three types of recognition, i.e. de facto , diplomatic and de iure recognition has played in the development of the modern declaratory and constitutive theories of recognition. Through an analysis of historical context, state practice and theories of the nineteenth-century doctrine of recognition, this paper shows that, while the development by Britain of its specific concept of recognition was inspired by Realpolitik , and less by legal considerations as to what the exact function of recognition by third states was, the use of the concept of recognition in the case of Spanish America was increasingly appropriated into a positivist and constitutive approach.
The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit – Brill
Published: Dec 3, 2014
Keywords: Britain ; Spanish America ; recognition ; constitutive and declaratory theories ; nineteenth-century positivism
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