Page 82 - NAVAL SCIENCE 3 TEXTBOOK

I N TE RNATIO NAL LAW A N D THE SEA 87

the United Nations. However, preventive war is considered illegal, \Vhen a state meets the above criteria, the u.s. government
since such a war is based on the presumption that there might be an considers the government of the state to be a legal entity existing
attack, not on the basis of proof of imminent attack. de jllre (by law) under international law. 11 will then grant diplo-
For each right there is a corresponding duty in international matic recognition and exchange ambassadors.
law. For instance, duties of belligerellts (states at war with each There are other criteria that are also used to establish sover-
other) to observe treaties, care for prisoners of war, follow rules of eign status and eligibility tor diplomatic recognition. Essentiall}',
warfare, protect aliens, protect human rights, and so forth are con- these criteria include the existence of a government that is capable
sidered duties of states under the law. The fact that some nations of exercising control over its people, a degree of stability, an estab-
have varying interpretations of the law does not exempt them from lished political existence, and in some cases admission as an inde-
their responsibilities. pendent state into an international organization such as the United
Independence in foreign affairs carries with it the right to dip- Nations. The United States' view is that membership in the United
lomatic representation. The right of a stdte to have representa- Nations docs nol, in itself, constitute sufficient grounds for recog-
tives in other states for carrying on diplomatic negotiations, and nition by our government. Our relJtionships with the Communist
to receive similar representatives from others for the same pur- governments of North Korea, Cuba, Laos, and Cambodia, for
poses, is known as the right of Ie gnti 011. This does not mean that a example, are only de f(/cto (understood to exist in fact), but not de
state must send or receive envoys; the exercise of this right depends j/lre {by law}. There may be some cultural or commercial under-
on the lllutual consent of the nations involved. As mentioned ear- standings, or low-level exchanges of consular missions (as with
lier, however, most states presently exercise the right of permanent Cuba), but no formal diplomatic recognition and exchange of
legation. It is gener<ll practice for the receiving state to accredit the accredited ambassadors.
chief of mission as the sending nation's representative, upon offi- \Vithdrawal of recognition of one state or government in a
cial presentation of the appropriate credentials to the chief of state geographic area must be JccompJnied by recognition of another,
and the foreign office. according to most authorities on international law. Therein lay the
The Vienna Convention on Diplomatic Relations of 1961 legal problem concerning the United States' longtime recognition
established the three classes of heads of diplomatic missions of the Nationalist Republic of China, with its seat of government
that cllrrently are accepted by the United States and 1110st other in Taipei, Taiwan, as the dc jure government of China. In 1972
nations. These three classes are nllli}(lssadors accredited to heads of the United States opened an American affairs mission in Peking,
state, Clll'DyS alld 1lIi1listers accredited to heJds of state, and c/wr- seat of the government of the Comrnunist People's Republic of
ges d'affaires accredited to ministers for foreign affairs. These are China, acknowledging its de facto presence. The United States con-
considered equJls when serving as heads of missions, except in the sidered it contrary to U.S. interests in Asia to officially recognize
areas of precedence and etiquette observed at official functions. An and exchange ambassadors for thirty years. But on I January 1979,
ambassador is the personal representative of the head of state of the United States withdrew formal diplomatic recognition of the
his or her country. A charge d'aft:lires is the lowest rank of a head Taipei government, while retaining cultural and commercial rela-
of missioll. tions with it, and fonnally recognized the People's Republic as the
de jltre Chinese government.
There is, however, a step short of formal withdrawal of recog-
Recognition
nition that nJtions more often exercise when some disagreement
Sovereign status can be attained in a number of ways. A treaty arises. This is called a urmch ill diplol//{/tic relatiollS. In this pro-
signed by several agreeing states may establish sovereignty. Former cedure, ambassadors are recalled, consular stations are closed or
colonies may be granted sovereignty by their mother country, The drastically reduced in size and number, and treaties either remain
acceptance of the new state into the world cOlllmunity of nations ill force or are suspended for the duration of the breach, depend-
by other sovereign states, however, is largely a matter of their for- ing 011 the circumstances. In essence, this is the relationship that
eign policy. has long been in effect between the United States and Cuba. A
The United States considers three t~lClors to be necessary in breach of formal diplomatic relations has existed since 1961, when
order for our government to grant diplom;.ltic recognition, which Fidel Castro announced to the world his Communist afilliatiolls
is the formal acknowledgment of national status: and alliance with the Soviet Union. \·Vhen diplomJtic relations
were severed, the United States made it clear that the treaty grant-
Control of the territor)' claimed
ing llS rights to the naval base at GU<lntallamo Bay remained in full
The will of the people reflected in the govcrnment
force. To date, both nations have honored that treaty.
The preparcdness of the new state to honor international
obligations