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Original Articles

United States' Diplomatic Practice and Its Relationship to the Recognition of Communist China

Pages 177-185 | Published online: 30 Jan 2008

  • Rivier , Principles du Droit des Gens (Paris 1896), pp. 57–61, as quoted by John L. Mc-Mahon , Recent Changes in the Recognition Policy of the United Stales , Washington : Catholic University of America , 1933 .
  • At the Seventh International Conference of American States held at Montevideo , Uruguay , December 3–26, 1933 , a Convention of Rights and Duties of States was adopted which decided that, “the state as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states.” The full text May be found in The American Journal of International Law, (hereafter to be designated AJIL), Supplement Vol. 28, 1934, pp. 75–78. For a discussion of the persons of international law, see Charles Cheney Hyde, International Law, Boston: Little, Brown and Co., 1945, Vol. I, pp. 21–145.
  • In January 1949 , the Statistical Office of the United Nations published Nomenclature of Geographic Areas for Statistical Purposes, Statistical Papers, Series M., No. 1, Statistical Office of the United Nations, Lake Success.
  • Thomas Baty , “So-called de Facto Recognition,” Yale Law Journal, 1921, p. 469, quoted and discussed in Louis L. Jaffe , Judicial Aspects of Foreign Relations , Cambridge : Harvard University Press , 1933 , p. 120 .
  • Jaffe, op. cit., p. 122. In connection with this opinion, see the attitude of the Mexican government resulting in the Estrada Doctrine, Philip C. Jessup, “The Estrada Doctrine,” AJIL, Vol. 25, No. 4, October 1931, pp. 719–723; for the text of the Estrada Doctrine see AJIL, Supplement, Vol. 25, 1931, p. 203. The effects of non-recognition and the great mischief that it has caused in the courts as well as premature recognition have been discussed at length in AJIL since the early 1920's.
  • Quoted and discussed in Jaffe, op. cit., pp. 107–108.
  • As an example see “Recognition of Revolutionary Governments in America,” AJIL, Vol. 25, No. 1, January 1931, pp. 121–122. In discussing the de facto policy of the Stimson administration, Ellery C. Stowell said, in what might seem frightening words today, “Sometimes by defects in the method for amending, improving and reforming governmental institutions, revolution is, in fact, the only avenue of reform.” “The Doctrine of Constitutional Legitimacy,” AJIL, Vol. 25, No. 2 , April 1939 , p. 303 .
  • The text of the General Treaty of Peace and Amity concluded between the Governments of Guatemala, El Salvador, Honduras, Nicaragua, and Costa Rica May be found in AJIL, Supplement, Vol. 17, 1923, pp. 117–127. For a discussion see Chandler P. Anderson, “The Central American Policy of Non-Recognition,” AJIL, Vol. 19, No. t, January 1925, pp. 164–166 and “Our Policy of Non-Recognition in Central America,” AJIL, Vol. 25, No. 2, April 1931, pp. 298–301; L. H. Woolsey, “The Recognition of the Government of El Salvador,” AJIL, Vol. 28, No. 2 , April 1934 , pp. 325 – 329 .
  • “The Non-Recognition of the Chamorro Government in Nicaragua,” AJIL, Vol. 20 , No. 2, April 1926 , p. 357 .
  • L. H. Woolsey , “The Non-Recognition of the Chamorro Government in Nicaragua,” AJIL, Vol. 20 , No. 3, July 1926 , pp. 543 – 549 .
  • For an excellent running account of the thinking of international lawyers on the question of recognizing the U.S.S.R., see the following articles : Amos S. Hershey , “Recognition of New Governments,” AJIL, Vol. 15 , No. 1, January 1921 , pp. 59 – 62 ; James Brown Scott, “The Recognition of Soviet Russia,” AJIL, Vol. 17, No. 2, April 1923, pp. 296–298; Edward A. Harriman, “The Recognition of Soviet Russia,” The American Society of International Law, Proceedings, (hereafter to be referred to as ASIL) 1924, pp. 84–97; Green H. Hackworth, “The Policy of the United States in Recognizing New Governments During the Past Twenty-Five Years,” ASIL, 1931) pp. 120–131, also the discussions following by Edwin D. Dickinson and Arthur K. Kuhn, pp. 131–137; Edward M. Borchard and Howard T. Kingsbury, pp. 171–178; James Brown Scott, “The Recognition of the Government of the Union of Soviet Socialist Republics,” AJIL, Vol. 27, No. 2, April 1933, pp. 290–293. Communications between the United States and the U.S.S.R. relative to a resumption of diplomatic relations May be found in AJIL, Supplement, Vol. 28, 1934, pp. 1–21.
  • For a discussion of the Stimson policy see Chesney Hill, “Recent Policies of Non-Recognition,” International Conciliation, No. 293, October 1933, Carnegie Endowment for International Peace; Herbert W. Briggs, “Non-Recognition of Title by Conquest and Limitations on the Doctrine,” ASIL, 1940, pp. 73–82 and discussion, pp. 83–99.
  • See F. E. Oppenheimer , “Governments and Authorities in Exile,” AJIL , Vol. 36 , No. 4, October 1942 , pp. 568 – 595 ; Herbert W. Wright, “The Legality of the Annexation of Austria by Germany,” AJIL, Vol. 38, No. 4, October 1944, pp. 621–635.
  • For a general discussion of past and present recognition policy see William L. Neumann , Jr. , “Recognition of Governments in the Americas,” Foundation for Foreign Affairs Pamphlet No. 3 , Washington , D.C. , 1947 .
  • The United States appears to regard the Mongolian Peoples' Republic as a self-governing state with some reservations although no diplomatic relations exist. See Report of the Committee on the Admission of New Members, Security Council Official Records, First Year Second Series, Supplement No. 4, Annex 7.

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