POL340Y5 Study Guide - Directorate-General For External Security, Diplomatic Immunity, Franco-Prussian War
Document Summary
November 26, 2012: two fundamental forms of recognition, constitutive. Because it is bestowed on the recipient, it is considered by nature that it is in agreement. Fails to be congruent with the principles of il. Self declaration doesn"t necessarily mean you"re recognized: to get recognition, ultimately, go to the security council, cases of il in relation to recognition, declaratory, sapphire case. Starts with collision of sapphire (us) and french naval transport vessel (euryale) in san francisco harbour in 1867. French ship suffered heavy damage so they sued. At the time, france lost the franco prussian war: napoleon also gets captured by the prussians, emperor is overthrown and new gov"t takes over in france, which is volatile. If you conclude that the gov"t could sue, the gov"t had been overthrown so even if they were right, it shouldn"t apply any longer. Decision: according to the facts, the french ship was also at fault, so the damages should be equally divided.
