Recognition of States: Declaratory Theory-It Views That Recognition Is Merely "Declaratory" of The

RECOGNITION OF STATES
Recognition of states means that both recognize the capacity of each other to
exercise all the rights belonging to statehood. Recognition means the act of
acknowledging the capacity of an entity to exercise rights belonging to statehood.
There are two views on whether or not an entity can claim to be a state before it is
recognized by other states:
Declaratory theory- it views that recognition is merely declaratory of the
existence of the state and that its being a state depends upon its possession of the
required elements and not upon recognition. A recognizing state merely accepts an
already existing situation. The weight of authority favors the declaratory view.
Constitutive theory- says that recognition constitutes a state, that is, it is what
makes a state a state and confers legal personality on the entity. States may
recognize an entity as a state even if it does not have all the elements of a state.
RECOGNITION OF GOVERNMENT
Recognition of Government means the act of acknowledging the capacity of an
entity to exercise powers of government of a state. If a change in government in an
existing state comes about through ordinary constitutional procedure, recognition
by others comes as a matter of course. The problem is acute when a new
government within a state comes into existence through extra-constitutional means.
RECOGNITION OF BELLIGERENCY
International law has recognized that belligerents and insurgents, as regards to
personality, may in certain circumstances, primarily dependent on de facto
administration of specific territory. They may enter into valid arrangements. They
are also bound by the rules of international law with respect to the conduct on
hostilities and may in due course be recognized as governments as well as possible
obligations by states to observe neutrality.
STATELESS PERSONS
Stateless persons are those who do not have a nationality. They are either de jure or
de facto stateless. De jure stateless persons are those who have lost their
nationality, if they had one, and have not acquired a new one. De facto stateless
persons are those who have a nationality but to whom protection is denied by their
state when out of the state. This is the situation of many refugees.
Every state possesses sovereignty and jurisdictional powers and since every state
must consist of individuals, it is essential that the link between the two be legally
established and that link is provided by the concept of nationality. The concept of
nationality is important because it determines the benefits to which persons may be

entitled (e.g. right to suffrage, jobs, diplomatic protection) and the obligations which
they must perform (e.g. conscription to their armed forces, criminal liability).
There are two important principles about upon which nationality is founded as
provided in The Constitution, one is where the national is founded on the descent of
parents which are foreign nationals is called jus sanguinis, or by virtue of being born
within a territory of the state, jus soli.
In the related principle of diplomatic protection, as stated in the Mavrommatis
concessions case, where the Permanent Court of International Justice ruled that "by
taking up the case of one of its subjects and by resorting to diplomatic action or
international judicial proceedings on his behalf, a State is in reality asserting its own
rights - its right to ensure, in the person of its subjects, respect for the rules of
international law".
Once a state has taken up a case on behalf of one of its subjects required by the
international tribunal, in the eyes of the latter, the state is the sole claimant, it is
not a right but discretionary on the part of the state, its exercise in referring to
diplomatic protection cannot be regarded as intervention contrary to international
law.
CONVENTION ON STATELESS PERSONS

One commits to extend to stateless the same treatment given to nationals or aliens
as regards the listed rights. The state signatories will treat these stateless persons
as equal to aliens as regards property rights, right of association, right to engage in
employment, practice of profession and public education.
CONVENTION ON CONFLICTS OF NATIONALITY LAWS

Although states may prescribe the traditions by the grant of nationality,
international law is relevant. It states in Art. 4, A State may not afford diplomatic
protection to one of its nationals against a State whose nationality such person also
possesses.
As regards nationality of married women, Art. 8 provides, If the national law of the
wife causes her to lose her nationality on marriage with a foreigner, this
consequence shall be conditional on her acquiring the nationality of the husband.
And as regards the nationality of children, Art. 14 states that, A child whose parents
are both unknown shall have the nationality of the country of birth. If the child's
parentage is established, its nationality shall be determined by the rules applicable
in cases where the parentage is known. A foundling is, until the contrary is proved,
presumed to have been born on the territory of the State in which it was found.
CONVENTION ON THE REDUCTION OF STATELESNESS

Contracting states grant its nationality to a person born in its territory who would
otherwise be stateless. It also grants nationality to a person not born in its territory
who would otherwise be stateless if the nationality of one of the parents is a
national of the state at the time of the persons birth and the contracting state shall
not deprive the person of its nationality if it would render him stateless.

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RECOGNITION OF STATES

nationality is important because it determines the benefits to which persons may be

CONVENTION ON STATELESS PERSONS

CONVENTION ON CONFLICTS OF NATIONALITY LAWS

CONVENTION ON THE REDUCTION OF STATELESNESS

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