THE UNRECOGNIZED GOVERNMENT OR STATE IN ENGLISH AND AMERICAN LAW
Dickinson, Edwin D.
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Abstract
Probably no one in the British Empire or the United States would question the doctrine that it belongs exclusively to the political departments to recognize new governments or states. The difficulties involved are those which arise in the application of a doctrine so broadly stated. Not every situation involving an unrecognized government or state requires the decision of a question of recognition. If the decision of a political question is not involved, then it is entirely proper for the courts to take cognizance of a mere de facto government or state.
In what situations may the courts appropriately take account of the facts? In what should they be guided solely by the decisions of the political departments?