According to International Law, Recognition is the
formal acknowledgment of the status of an
independent State by other existing states.
Every State has to have some essential features, called
attributes of statehood, in order for other States to
recognize the State as independent.
States are considered as the principal persons in
International Law.
The recognition of a state is often a political act of a
state.
Recognition is not a conclusive proof of the existence of
the state.
THE SIGNIFICANCE OF
RECOGNITION OF STATE
1. To obtain equality status with other
members of the international
community
2. To acquire international rights and
contracting international obligations
3. To engage in international relations
England
Slovenia
Germany France
TYPES OF RECOGNITION
Recognition Recognition
of States of
Government
The tree is the state
Theleave is the
government
Analogy:
The tree is the state. The leaves are various
governments. While governments (leaves)
may come and go, the state (the tree
remains)
Once the recognition is given to a state, the
recognition cannot be withdrawn.
Recognition of a government may be lawfully
withheld or withdrawn.
THE REAL CASE
Saudi Arabia and the United Arab Emirates
withdrew their recognition to Afghanistan Taliban
government when it refused to surrender Osama
bin Laden in the aftermath of the events of
September 11, 2001.
Is it permissible for the two state to withdraw
their recognition to Taliban government?
Can they also withdraw their recognition to the
state of Afghanistan?
There are two popular theories laid
down for the purpose of
understanding the nature of
recognition:
1) Constitutive Theory
2) Declarative or Evidentiary Theory
CONSTITUTIVE DECLARATIVE
According to this theory, This theory states that
recognition is a necessary declaration is a mere formality
condition for statehood and and has no legal effect as the
personality. It is a process existence of a State is a mere
by which a political question of fact.
community acquires Every new state becomes a
member of the family of
personality and becomes a nations ipso facto by its
member of the family of coming into existence.
nations. A State comes into Recognition only provides the
existence through evidence to this fact. This
recognition only and theory says recognition is not
exclusively. important.
EXAMPLES OF
CONSTITUTIVE THEORY
Poland and Czechoslovakia were
recognized by the instrumentality of the
Treaty of Versailles.
Germany was divided into two parts
after the World War II by a treaty
Korea was divided into two parts
EXAMPLE OF DECLARATIVE THEORY
Taiwan is a
democratic
country and is
adjoining areas
where Chinese
territory. Only
few countries
recognize Taiwan
yet it had
business
dealings with
almost every
country.
CONSTITUTIVE DECLARATIVE
Recognition is political and The theory fails to
diplomatic but not legal.
This theory imposes an explain legal rights and
obligation on all consequent of a
member states to recognized state.
recognize a State.
Practically, no states
wants to do something
on obligation. There is
no law the obliges
established states to
recognize new States.
TYPES OF RECOGNITION OF STATES
Expressed recognition
Implicit recognition
Collective recognition
Premature recognition
1. EXPRESS RECOGNITION
An existing state recognizes another state by
releasing a public statement by way of notification
or a declaration announcing the intention of
Recognition.
Grant is expressed in written words.
Diplomatic letters/notes, statements, telegrams.
Example: The statement of French President to
recognize the independency of Algeria on 3 July 1963.
International treaty
Example: Japan recognized Korea via article 12 of
Peace Treaty on 8 September 1951.
2. IMPLICT RECOGNITION
Does not release a formal state but recognizes the state
by some acts which imply that the state is being
recognized.
Sending a diplomatic agent
Having a talk with an official or a head of state
Making an agreement with the state
Example: Prime Minister of Israel, Shimon Perez, visited
Morocco on 21 July 1986 and had a talk with King Hassan
II to seek solutions for Middle East problems.
3. COLLECTIVE RECOGNITION
Via international treaty or multilateral conference
Example: 5 ASEAN countries on 18 April 1975
recognized Cambodia
4. PREMATURE RECOGNITION
Recognition is given to a state although the state does
not have complete constitutive components (no
constitution, territorial borders are not clear)
Example: recognition of a number of states to
Palestinian
1. DE FACTO RECOGNTION
2. DE JURE
RECOGNITION
3. RECOGNITION OF
BELLIGERANCY
4. RECOGNITION OF
NATIONAL LIBERATION
MOVEMENT
DE FACTO RECOGNITION
This is a provision recognition and not a
permanent one. i.e., it can be withdrawn by
other States at any time. It is the first step
towards becoming a recognized country.
Recognition is only by fact and not legal.
State may have more than one
Governments. No exchange of diplomatic
representatives takes places. State
succession might not happen. Mere de facto
recognition is not sufficient to get UN
membership.
Example: Israel, Bangladesh, Taiwan, Arab
Republic etc.
DE JURE RECOGNITION
This is a permanent recognition which one
granted cannot be taken back or withdrawn
by other States. It is regal and rightful.
State will have only one Governments.
Exchange of diplomatic representatives
takes places. State succession happens
smoothly. de jure recognition by majority
states his essential for UN membership.
RECOGNITION OF
BELLIGERENCY
A belligerent group seizes
power in its own country or
a portion of it
A belligerent group has a
de facto power
Example: France and
Mexico officially recognized
a leftist guerilla movement
that had fought several
years against the
Colombian government.
Not yet applied
universally
Western countries such
as USA and UK still
reject this type of
recognition
Example: the
recognition of PLO
through UN resolution
No.3237 dated 22
November 1974, the UN
renders PLO a rights to
be the permanent UN
observer.
LEGAL EFFECTS
According to present-day state practice, recognition has
only a declaratory character, not constitutive (i.e.
fundamental or determining). The state comes into
existence as soon as it has fulfilled the objective
preconditions, especially the three elements of
statehood referred to above. Recognition also
constitutes a declaration by a state that in its opinion the
country it has recognized must be regarded as a "state"
within the meaning of international law, and hence also
as a subject of international law.
In legal theory the question of whether it is not
in fact the act of recognition that actually
creates statehood – whether recognition has a
constitutive effect, in other words – remains
under discussion. In practice, however, the
existence of a state is not dependent on
whether it has been recognized as such. The
sole determining factor is whether or not the
elements of statehood under international law
(state people, state territory, state power)
are actually present in the specific
case. Realistically, however, an entity cannot
function as a state unless at least a certain
number of states recognize it as such. The
Turkish Republic of Cyprus, for example, which
is only recognized as a state by Turkey, lacks
statehood.
In recent state practice recognition has often been
made contingent on the fulfilment of certain
conditions, for example compliance with the UN
Charter or observance of the rule of law, democracy
and human rights. From the viewpoint of international
law, however, these are not criteria for recognition but
conditions of a political nature, formulated in relation
to the establishment of diplomatic relation.
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