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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

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 26 May 2024

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 of...
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