Recognition of Governments in International Law. With considerations on institutional recognition by the International Criminal Court

      Аннотация: This manuscript proposes to analyze how the recognition of government takes place in the institutional context of the International Criminal Court, under the precedent set in 2013, with the refusal, by the Office of the Prosecutor, of a declaration of acceptance of jurisdiction originating from the deposed former president of Egypt, Mohamed Morsi. To this end, it contemplates the traditional system of recognition in the original context of the prevalence of states as subjects of international law; the legal nature of the act of recognition as presented in traditional theory by Kelsen and Lauterpacht, as well as in contemporary international law; the relevant doctrinal frameworks, including the ideological legitimism of Reagan and Brezhnev; the relevant theories in the face of state practice during the twentieth century, including the traditional theory of effective control and the possibility of the rise of the theory of democratic legitimism; the radical changes that recognition is currently undergoing, including the different practices applied in recognizing government and the possibility and effects of a greater presence of institutions; and the possibility of the exercise of the act by international organizations.

Ключевые слова: Law, international, recognition, Government, institutional, organizations, Science, Politics, foreign, foreign policy, compared, tpi