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"This book critically engages with theories of the recognition of states under international law. Demonstrating that recognition is a constitutive relation that is imperative for the construction of international subjects, the book argues that prevalent theories of recognition fall short of accommodating this imperative. The book traces the source of this shortcoming to Vattel's notion of absolute sovereignty. A paradox pertains to this notion as absolutely independent states seemingly come into being in a community which sets the law that determines statehood. The book shows how this paradox is reproduced in constitutive theorists' idea of recognition as a sovereign gesture of consent and declarative theorists' perception that states can come into being on a singular basis, without any need for interaction. This necessitates a rethinking of the role of recognition in a way that circumvents the problems generated by the notion of absolute independence, whilst accommodating the relational element of coming into being. To achieve this purpose, the book draws upon Hegel's theory of recognition, supplementing it with Bataille's and Derrida's critical readings of Hegel's thought. In this respect, the book departs from the restrictive economy of recognition that constantly recreates a paradoxical perception of sovereignty, elaborating a more general economy of recognition that accommodates the notion of subjects in flux. This critical engagement with a key notion in international law will appeal to legal and political theorists, as well as scholars and students in international relations"--

This book critically engages with theories of the recognition of states under international law. Demonstrating that recognition is a constitutive relation that is imperative for the construction of international subjects, the book argues that prevalent theories of recognition fall short of accommodating this imperative. The book traces the source of this shortcoming to Vattel's notion of absolute sovereignty. A paradox pertains to this notion as absolutely independent states seemingly come into being in a community which sets the law that determines statehood. The book shows how this paradox is reproduced in constitutive theorists' idea of recognition as a sovereign gesture of consent and declarative theorists' perception that states can come into being on a singular basis, without any need for interaction. This necessitates a rethinking of the role of recognition in a way that circumvents the problems generated by the notion of absolute independence, whilst accommodating the relational element of coming into being. To achieve this purpose, the book draws upon Hegel's theory of recognition, supplementing it with Bataille's and Derrida's critical readings of Hegel's thought. In this respect, the book departs from the restrictive economy of recognition that constantly recreates a paradoxical perception of sovereignty, elaborating a more general economy of recognition that accommodates the notion of subjects in flux. This critical engagement with a key notion in international law will appeal to legal and political theorists, as well as scholars and students in international relations.

The law governing unilateral declarations of intention by states is far from clear. This monograph fills a gap in international legal scholarship by raising and answering the question of the precise legal value of such pledges in the realm of public international law.

Introduction -- Delimiting the subject : promise as a unilateral act -- A history of promises -- The law on promises -- Looking ahead : a 'promising' future?

The problem of recognition of states and governments has neither in theory nor in practice been solved satisfactorily. Hardly any other question is more controversial, or leads in the practice of states to such paradoxical situations.The reason for this lies in the fact that the term recognition points to twoentirely different acts, not clearly separated either in theory or in practice. A codificationof the norms of general (common) international law concerning recognition must above all furnish a clear distinction between the two functions known as recognition.

The literature on de facto states challenges the conventional identification of states by legal recognition, proposing to identify states based on their effectiveness instead. Yet, as I argue in this paper, rather than turning the tables on recognition, the de facto state challenge ultimately reveals all state identification in International Relations and international law to be essentially indeterminate. This lacuna, I suggest, is not an accidental omission, but an expression of the foundational paradox of modern political order that is rooted in the intertwined ontology of the state system and the individual states constituting it, with each presupposing the other. As a result, the opposition between empirical facts, political decisions, and legal norms invoked in attempts to identify states cannot but remain irresolvable. This should not be regarded as a problem to be overcome, however, but as a source of social order. Although states cannot be substantively identified, any effort to do so in practice naturalizes the state as the very form through which we articulate and shape political claims, conflicts, and settlements. In performatively enacting states precisely at the contested margins, state identification thus both invokes and (re-)produces the statist international as the central imaginary of modern political order.

Climate change and human migration are two cross-cutting issues that demand immediate and appropriate responses from both international and national authorities. This article deals with a number of complex issues under international environmental law, human rights law and migration and refugee law, which have important ramifications for the protection of climate-induced displacement in Bangladesh. It examines these legal frameworks to assess how appropriate they are in regulating climate-induced displacement and underscores current gaps or limitations within the international legal system for effective recognition and protection of climate change migrants. The development of 'soft guidelines' suggested in this study would establish an international framework for the specific recognition, treatment and protection of climate change displaced persons and fill the legal gaps with the specificity required by states and communities.