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The Law of International Responsibility edited by Crawford, James; Pellet, Alain; Olleson, Simon; Parlett (Assistant), Kate (20th May 2010)

Part IV The Content of International Responsibility, Ch.46 The Obligation of Non-Recognition of an Unlawful Situation

Martin Dawidowicz

From: The Law of International Responsibility

Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett (Assistant)

Subject(s):
Responsibility of states — Wrongful acts — Peremptory norms / ius cogens — Customary international law
The obligation of non-recognition of an unlawful situation is in large part based on the well-established general principle that legal rights cannot derive from an illegal act ( ex injuria jus non oritur ). 1 In an ‘essentially bilateral minded’ 2 international legal order, however, with relatively weak enforcement mechanisms, this principle is subject to ‘considerable strain and to wide exceptions’. 3 This important qualification delineates the contours of the principle of non-recognition in significant ways. Considerable strain is caused by an apparent antinomy...
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