Recognition of state means acknowledgement as an international political entity by another state. Recognition helps a state or government enormously by all means. Even though a state or government already exists before recognition, the acknowledgement brings more power to the system. There are several theories about recognition, yet there seem to be some criteria of qualifications to be recognised. This article discusses the recognition of government and state. It also talks about the recognition of the state in international law.
Recognition simply is a declaration of existence. Even though a state or government already exists before recognition, recognition brings more power and unity.
Forms of Recognition
There are several forms of recognition.
- Express recognition: When an existing state recognises the new state by announcing the intention of recognition.
- Implied recognition: It results from any act that implies recognising the new state.
- Conditional recognition: It implies that the recognition granted is subject to the fulfilment of certain conditions of the recognised state, in addition to the normal requirements of statehood. Conditional recognition is not in practice now.
- Premature or precipitate recognition: It is granted even when a state does not possess all the attributes of statehood.
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Recognition of State
Recognition of state means acknowledgement as an international political entity by another state. Simple announcements cannot do it.
According to the Montevideo convention, four qualifications must be gained for a state to be recognised in international law:
- A permanent population.
- A defined territory.
- Government to rule.
- Ability to make new relations with other states.
A state is acknowledged by other existing states only when these qualifications are met.
Problems of Recognition
Issues with recognition occur in two situations. Either a formal colonial category grabs this qualification or new states combine with existing states and demand recognition.
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Theories of Recognition
The theories of recognition are a matter of dispute. Several theories have attempted to define the recognition of states so far.
- Constitutive theory: A state becomes recognised when already present states recognise it, not when it meets the essential criteria of statehood.
- Declaratory/evidentiary theory: This theory says states exist before recognition and that recognition is just a formal acknowledgement.
Legal Effects of Recognition
Several legal effects can be gained by the recognition of a state.
- The power to prosecute in a court was made for recognised states.
- The power to possess the community and its property.
- The power to possess the land of the community and properties under the state.
- Chances of de jure recognition.
- When a state is recognised, its past actions and approvals are also recognised (if it is relevant and came into action after recognition starts).
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Recognition of Government
When a state recognises a government, it acknowledges a group of persons as competent to act as an organ of the state in question and represent it in international law.
In practice, the former government sometimes remains recognised as the legitimate government (the de jure government), even if it has lost effective control of the state.
This control is exercised on the ground by a new, different government (the de facto government). If a state maintains normal diplomatic relations with a new government, it is merely a declaration that the new government is effective but not legitimate. One doctrine holds that a government that has come to power by coup d’état or revolution should not be recognised or regarded as legitimate until it has received democratic confirmation.
Change of regime can happen in two ways.
- Normal course (constitutional way)
- Coup d’ eat’ (revolt or revolution)
Difference between De jure and De facto
De jure recognition
De facto recognition
Doctrines of Recognition
- Tobar Doctrine: According to Carlos Tobar, a state or government is only recognised if its managing system is granted this recognition by democracy.
- Estrada Doctrine: A government must be only recognised based on whether it is in de facto existence.
- Betancourt Doctrine: This doctrine expresses its disagreement on a state’s recognition by military means.
- Stimson Doctrine: This doctrine suggests a region cannot be recognised as a state if a new state combines international territories without peace.
Recognition of a state means acknowledgement as an international political entity by another state. Recognition helps a state or government enormously by all means. There are several theories about recognition, like constitutional theory and declarative theory. There are some criteria of qualifications to be recognised, like a permanent population, defined territory, a governing system, and the ability to make new relations with other states. There are forms of recognition, namely, express, implied, conditional and premature. There are legal effects of recognition. There are also certain doctrines for recognition of government and state.