Portal de Periódicos da CAPES

Relations Officieuses and Intent to Recognize: British Recognition of Franco

1940; Cambridge University Press; Volume: 34; Issue: 1 Linguagem: Inglês

10.2307/2192964

2161-7953

Herbert W. Briggs,

European and International Law Studies

The decisions of the British courts in The Arantzazu Mendi and Banco de Bilbao v. Sancha and Rey that the British Government had accorded de facto recognition to the Franco insurgents become all the more curious in the light of unequivocal denials by the Prime Minister and the Foreign Secretary in the House of Commons that such recognition had been accorded prior to the dates of these decisions. An examination of these statements in the House of Commons raises an interesting question: What constitutes de facto recognition? More particularly, do (1) the conclusion of an agreement of a “provisional” nature with an unrecognized régime, or (2) the institution of “unofficial” relations (relations officieuses) therewith, or (3) the granting of immunities to executive agents, constitute de facto recognition of the régime so treated?