Who is the government of Myanmar in international law?
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.