B. Many countries and international organizations do not recognize the Government of P. Andler.

· Andler’s assault upon the pro-Green units were condemned by several nations. [22]

• On January 20, 2011, Green announced that he and his ministers had formed what he called a “government in exile” in Rantania. [23]

· The Council unanimously passed the resolution, whichrecognized Green as the “lawful President of Aprophe,” condemned “the military coup d’état,” and urged “a prompt cessation of military activities and restoration of democracy.” In the following days, each ENI Member State and 27 other nations formally announced that they would conduct diplomatic relations only with the Green regime. [24]

In international law there is a doctrine of Tobar about non-recognition of the new governments, that came to power by unconstitutional (ie, the coup d'état government), while these governments are not recognized by the population of the country.[25] This doctrine is reflected in international treaties.[26]

Also it is necessary to note application possibility of the Betancourt’s doctrine [27] about not-maintainning diplomatic relations with the governments that came to power undemocratically.

The world community has come to the practice of non-recognition of governments that came to power by overthrowing the constitutional and legitimate governments.[28][29]

Upon the request of Rantania and with the support of the other ENI Members, on January 29, 2011, the United Nations General Assembly adopted Resolution A/RES/65/598, by a vote of 109 votes in favor and 16 against, with the remaining Member States abstaining. The resolution condemned “the coup d’état against the democratically elected government of Aprophe” and called upon “the Security Council to consider immediate action under Chapter VII of the Charter of the United Nations to preserve peace and restore the constitutional order of Aprophe.”[30]

[1] The French statement in response to the proclamation of the Provisional Government of Algeria (GPRA) that this ‘government’ was in no sense the ‘depository of any Algerian sovereignty whatever’ ([1958] Keesing`s 16410A).

[2] (1937), PCIJ, series A/B, no. 71, 103.

[3] Compromis [23]

[4] Compromis [29]

[5] Compromis [29]

[6] Compromis [29]

[7] R. Cassin, ‘Vichy or Free France?’ (1941) 20 Foreign Affairs 102-12 at 112

[8] G. Sperduti, ‘Governi in esilio e comitati nazionali all`estero’ (1952) 7 Com. Int. 404-13

at 407-8 (translation by the author). See also B. Landheer, ‘The Legal Status of the Netherlands’ (1943) 41 Michigan LR 644-64 at 651: ‘The government in exile remains the de jure government as long as it can be assumed that it represents the majority of the population.’

[9] Carl Zeiss Stiftung v. Rayner & Keeler Ltd. And Others (No. 2) (1966), [1967] 1 AC 853 (HL) = 43 ILR 23; Gur Corporation v. Trust Bank of Africa Ltd. (1986), [1987] 1 QB 599 (CA) = 75 ILR 675.

[10] GAOR, 37th Session, 42nd Plenary Meeting, 25 October 1982, 749 (Mr Koh).

[11] GAOR, 37th Session, 42nd Plenary Meeting, 25 October 1982, 734 (Mr Ling Qing).

[12] Art. 20 ST/SGB/1998/19

[13] Compromis [27]

[14] M. Whiteman, Digest of International Law, II (Washington, D.C., 1963), 874-965 and the authorities there cited. See also Principle IV of the Declaration on Principles Guiding Relations between Participating States, forming part of the (Helsinki) Final Act of the Conference on Security and Cooperation in Europe, 1 August 1975: (1975) 10 ILM 1292 at 1294.

[15] Compromis [27]

[16] Compromis [26]

[17] Compromis [30]

[18] Compromis [34]

[19] Compromis [39]

[20] Compromis [32]

[21] Compromis [27]

[22] Compromis [31]

[23] Compromis [31]

[24] Compromis [31]

[25] Application of the Tobar Doctrine to Central AmericaThe Americas Vol. 23, No. 3, Jan., 1967 (pp. 251-272) , See e.g. Mugerwa, ‘Subjects’, p. 271, and 2 AJIL, 1908, Supp., p. 229.

[26] General Treaty of Peace and Amity concluded at Washington on December 20, 1907, Treaty to Avoid or Prevent Conflicts between the American States, November 1923

[27] Dagabyan E. S. Venezuela: "The doctrine of Betancourt," and the evolution of the national-reformist foreign policy concepts. Foreign policy doctrines and concepts of Latin America.Мoscow, 1980, p. 250 267.

[28] Declaration of the Security Council President, May 27, July 11 ,1997. About the overthrowing of the Ahmad tejan Kabbah

[29] SC Resolution 1072 (1996), adopted be the Security Council at it’s 3695 meeting on 30 august 1996

[30] Compromis [33]

Date: 2016-01-03; view: 952