Recognition Of State – Its Implication, Modes And Necessity

Main addressors of the international law are the sovereign states. For an entity of being called a state and to enjoy rights, duties and obligations under international law, it is necessary that the existing state have given awareness of its capability of being a state. Such awareness by existing states is called recognition.

There are mainly two theories of recognition which may discussed as under:

1. Constitutive Theory.

2. Declarative Theory or Evidentiary Theory.

1. Constitutive Theory: -Oppenheim, Hegal and Anziloti are the chief exponents of this theory. According to this theory the only certificate to issue international personality to a new born state is the consent of the already existing states. In other words a new entity shall only be called a state when the existing states acknowledges about its statehood. So, the independence of a new entity shall not amount it to be called a state unless it has not recognized by the existing states.

Criticism: – The theory has severely been criticized by a number of jurists. Because, at first instance that states do not seem to accept recognition as a legal duty. And at the second instance, it creates many difficulties when a community claims of being a new state and its non-recognition will, according to this theory, imply that it has no rights, duties and obligations under international law. The theory is not correct in any sense so shall be rejected.

2. Declaratory Theory: – The chief exponents of this theory are Hall, Wagner, Fisher and Brierly. According to this theory, the statehood or the authority of new Government is not dependent on the consent of the existing state but is based on some prior or existing fact. According the followers of this theory, the recognition by the existing states is merely a formal acknowledgement of the statehood and not the condition. In fact the statehood is dependent on the some prior conditions necessary for an entity to be called as a state.

Criticism: – This theory has also been criticized, because it is not correct that in all cases the existing fact shall imply the statehood, rather some time the statehood may be constitutive. Conclusion: – From the above discussion it may be concluded that both the theories are insufficient to reflect the real explanation of recognition. In fact there shall be intermediate course of approach between the two theories to understand recognition. Briefly, speaking, the definition of recognition depends upon the mode, scope and nature of each case. In other words, recognition may be sometimes constitutive and sometimes declaratory.

Modes of Recognition

There are two modes of recognition, which may be given;

1. De facto Recognition.

2. De jure Recognition.

De facto Recognition: – The provisionally grant; that is subject to fulfillment of all the attributes of statehood, of recognition to a new state which has acquired sufficient territory and control over the same, but the recognizing states considers it not stable more, is said to be De facto Recognition.

De jure Recognition: – The grant of recognition to a new born state by an existing state, when it considers that such new born state has attained all the attributes of statehood with stability and permanency, is called De jure Recognition.

Differences Between De facto and De jure Recognition. De facto and De jure recognition may differentiate on the basis of following points of distinction. De facto Recognition. De jure Recognition.

De facto Recognition is provisional recognition subject to fulfillment all attributes of statehood.

It is absolute recognition granted to a state which have attained all the attributes of statehood, possesses sufficient control with permanency.

De facto Recognition creates few essential rights and duties for recognized and recognizing states.

It creates absolute rights for the parties thereto.

De facto Recognition does not create full diplomatic intercourse between the parties.

It creates full diplomatic intercourse between the parties.

The full diplomatic immunities are not granted in this De facto Recognition.

Here in full diplomatic relations are granted to the recognized state.

In this case the recognized state.

In this case, the claim can be made and cannot claim for the property situate in the recognizing state’s territory

In such a case the official visits and dealings may be subjected to limitations.

In such a case limitations are not necessary.

Forms of Recognition

There are following two forms for the declaration of recognition.

1. Express Recognition.

2. Implied Recognition.

Read more: Click here

Read Also :- Sources Of International Law

Read Also:- Evolution Of International Law