Andler government is effective

The next important criteria to determine whether the government is legitimate or not is the criteria of effectiveness. And this requirement states that to be called government “a group of people should be in effective control of the state”[10]. As it follows from the Compromise provisions at the moment of general Andler assumption of power the atmosphere in the state Aprophe was far from being peaceful. The country was whirling from nationwide strikes and almost half of the population lost its faith in the prior government. It is important to mention that president Green himself mentioned lack of order in the country and despite that fact preferred to escalate this conflict with military interference.[11] Therefore Green was the first to involve military in this situation. On the other hand, during its short existence Andler government was able to prove its effectiveness. This government managed to restore peace and order on the most part of the State. And there is no evidence of social unrest or civil rights and liberties disrespect on this territory. Thereby in fact new government succeeded not only in restoring the order but also in maintaining thereof.

Moreover, it is important to mention that the effectiveness of new-established government has a significant role in recognition of this government as the rightful one. For instance, Tinoco arbitration confirmed that “an entity is a government if it is in effective control of the state”.[12] And, furthermore, now lots of modern states in their external policy of government recognition follow the practice of assessment whether the government is able to exercise the effective control of the territory of its state.[13] Under Applicant’s earnest conviction the facts that Andler managed to declare a state of emergency, to establish order on most part of the country, to respect human rights and liberties and just to run a country means that Aprophe’s authorities recognized her government and executed its decisions. And therefore it follows that Andler government meets the criteria of effectiveness.