Description:
Since the 2021 coup, the battle for control in Myanmar has been mirrored  by a fight internationally between the National Unity Government and  the junta as to who can represent the state. International lawyers tend  to argue that representation depends on who exercises territorial  control. And that ‘recognition’ of a government by another state of a  government only occurs through a formal, express statement. Actually,  things are more complex and variegated.  There is no requirement of  control, and ‘recognition’ can be forthcoming in more nuanced ways.  Moreover, certain sui generis standards sometimes apply. Consequently,  the NUG can and should be recognized on the grounds that this is  consistent with UN practice, and states members of the UNGA have  implicitly recognized it already, with legal significance. One  consequence of this is that the Declaration made by the NUG accepting  the jurisdiction of the ICC should be accepted by the Court.

Bio:
Dr Ralph Wilde is based at UCL, University of London. He is an expert in international  law. His current research focuses on the extraterritorial application  of international human rights law, migration and refugee protection in  international law, and the international law aspects of the  Israel-Palestine situation. His previous work on the concept of  trusteeship over people and territorial administration by international  organizations includes his book International Territorial  Administration: How Trusteeship and the Civilizing Mission Never Went  Away (OUP), awarded the Certificate of Merit of the American Society of  International Law.  He previously served on the Executive bodies of the  American and European Societies of International Law, and the  International Law Association.