Recognition

RECOGNITION
RECOGNITION
• Recognition comes about by the unilateral declaration –
for a state to exist in the international community, it must
be recognized by other states
• Once recognition is given, it implies that the recognized
state or government is entitled to the rights and
privileges granted by international law.
• Recognition of government is different from recognition
of state – a state is recognized when an identifiable
government, people & territory first come into existence it
the government later changes, it may not be recognized
even though recognition of the state continues.
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
Significance of Recognition of State
TYPES OF RECOGNITION
Recognition of States
Recognition of Government
What is Difference Between Recognition
of State & Government
 The tree is the state

 The leave is the government
The difference between Recognition
of State And 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recognition cannot be withdrawn.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withheld or withdrawn.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?
THEORIES OF RECOGNITION
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 & Declaratory
Theory
The constitutive theory was the standard
nineteenth-century model of statehood, and the
declaratory theory was developed in the twentieth
century to address shortcomings of the constitutive
theory. In the constitutive theory, a state exists
exclusively via recognition by other states. The
theory splits on whether this recognition requires
“diplomatic recognition” or merely “recognition of
existence”. No other state grants Sealand official
recognition, but it has been argued by Bates that
negotiations carried out by Germany constituted
“recognition of existence”.
In the declaratory theory of statehood, an entity
becomes a state as soon as it meets the minimal criteria
for statehood. Therefore, recognition by other states is
purely “declaratory”. Neither theory of recognition
satisfactorily explains modern practice. The declaratory
theory assumes that territorial entities can readily, by
virtue of their mere existence, be classified as having
one particular legal status: it thus, in a way, confuses
‘fact’ with ‘law’. For, even if effectiveness is the
dominant principle, it must nonetheless be a legal
principle. A State is not a fact in the sense that a chair is
a fact; it is a fact in the sense in which it may be said a
treaty is a fact: that is, a legal status attaching to a
certain state of affairs by virtue of certain rules or
practices.
And the declaratory theorist’s equation of fact with
law also obscures the possibility that the creation of
States might be regulated by rules predicated on
other fundamental principles—a possibility that, as we
shall see, now exists as a matter of international law.
On the other hand, the constitutive theory, although it
draws attention to the need for cognition, or
identification, of the subjects of international law, and
leaves open the possibility of taking into account
relevant legal principles not based on ‘fact’,
incorrectly identifies that cognition with diplomatic
recognition, and fails to consider the possibility that
identification of new subjects may be achieved in
accordance with general rules or principles rather
than on an ad hoc, discretionary basis.
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
EXAMPLES OF DECLARATORY 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.
Disadvantages
CONSTITUTIVE
Recognition is political and diplomatic but not legal.
This theory imposes an obligation on all member
states to recognize a State. Practically, no states
wants to do something on obligation. There is no law
the obliges established states to recognize new
States.
DECLARATIVE
The theory fails to explain legal rights and consequent
of a recognized state.
TYPES OF RECOGNITION OF STATES
• Expressed recognition
• Implicit recognition
• Collective recognition
• Premature recognition
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.
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.
COLLECTIVE RECOGNITION
 Via international treaty or multilateral conference
Example: 5 ASEAN countries on 18 April 1975 recognized
Cambodia
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
TYPES OF RECOGNITION
1. De Facto Recognition
2. De Jure Recognition
3. Recognition Of Belligerency
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: An example of the difference is when the United

Kingdom recognized the Soviet state de facto in 1921, but de
jure only in 1924. Another example is the state of Israel in
1948, whose government was immediately recognized de
facto by the United States and three days later by Soviet de
jure recognition.
DE JURE RECOGNITION
This is a permanent recognition which one granted
cannot be taken back or withdrawn by other States. It
is legal and rightful. State will have only one
Governments. Exchange of diplomatic
representatives takes places. State succession
happens smoothly. de jure recognition by majority
States, its 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.
RECOGNITION OF NATIONAL LIBERATION

MOVEMENT
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.
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.

Recognition

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RECOGNITION

1. To obtain equality status with other

 The tree is the state

 Saudi Arabia and the United Arab Emirates

There are two popular theories laid

 Poland and Czechoslovakia were recognized by

EXAMPLES OF DECLARATORY THEORY

Taiwan is a democratic country and is adjoining areas

Recognition is given to a state although the state

This is a provision recognition and not a permanent one. i.e.,

Example: An example of the difference is when the United

A belligerent group seizes power in its own country or a portion

RECOGNITION OF NATIONAL LIBERATION

Not yet applied universally

According to present-day state practice, recognition has

In recent state practice recognition has often been made

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