Who Speaks for the State? Effective Control, Legitimacy, and the Representation of a State before the International Court of Justice after an Unconstitutional Seizure of Power
- 1The Scholarly Nexus
Abstract
Chapter 1 of 20 — part of a research treatise in public international law by S.S.Bukhari (The Scholarly Nexus, October 2026), examining ICJ jurisdiction and procedure, expropriation and investment protection, targeted sanctions, the law of the sea, refugee protection, and the formation of customary international law.
In February 2022 the International Court of Justice heard argument in The Gambia v. Myanmar from an agent notified to it by Myanmar's military authorities, who had seized power a year earlier — while the General Assembly, confronted with a rival claim to Myanmar's seat, had declined to decide it and left the pre-coup ambassador in place. The Court gave no reasons for the course it took; it has never stated a test for identifying the government entitled to act for a State in proceedings before it. This article reconstructs the law that governs that unasked question, concluding that effectiveness, disciplined by an independence condition, remains the law the Court can administer.
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BibTeX
@misc{bukhari2026speaks,
title = {{Who Speaks for the State? Effective Control, Legitimacy, and the Representation of a State before the International Court of Justice after an Unconstitutional Seizure of Power}},
author = {S.S. Bukhari},
howpublished = {Zenodo},
year = {2026},
month = oct,
doi = {10.5281/zenodo.23474625},
url = {https://zenodo.org/records/23474625},
note = {CC BY 4.0},
}
RIS
TY - UNPB
TI - Who Speaks for the State? Effective Control, Legitimacy, and the Representation of a State before the International Court of Justice after an Unconstitutional Seizure of Power
AU - S.S. Bukhari
PY - 2026
DA - 2026/10/19
PB - Zenodo
DO - 10.5281/zenodo.23474625
UR - https://zenodo.org/records/23474625
AB - Chapter 1 of 20 — part of a research treatise in public international law by S.S.Bukhari (The Scholarly Nexus, October 2026), examining ICJ jurisdiction and procedure, expropriation and investment protection, targeted sanctions, the law of the sea, refugee protection, and the formation of customary international law. In February 2022 the International Court of Justice heard argument in The Gambia v. Myanmar from an agent notified to it by Myanmar's military authorities, who had seized power a year earlier — while the General Assembly, confronted with a rival claim to Myanmar's seat, had declined to decide it and left the pre-coup ambassador in place. The Court gave no reasons for the course it took; it has never stated a test for identifying the government entitled to act for a State in proceedings before it. This article reconstructs the law that governs that unasked question, concluding that effectiveness, disciplined by an independence condition, remains the law the Court can administer.
ER -