1. Recognition: The term recognition as an international legal term may be
defined as
under: “The acknowledgement or acceptance by the members of
international community, that a new state has acquired international
personality, is said to be recognition.”
Essentials: - The main essentials of recognition may be given as
under:
1. That the community ( of new state ) must be politically organized,
2. That it should have control over a definite territory,
3. That the control should tend towards permanency,
4. That such community must be independent
Theories of 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.
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
2. 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.
* Recognition of Government: - As we know that government is
an essential of statehood. By government it is meant the administrative and
controlling tool of a state. Once a state comes into being, its government
may change from time to time. If the change of government takes place in
ordinary political life it the existing states are not required to recognize the
new government. But sometimes the change of a government takes place as
a result of a revolution. In such a case, it becomes necessary to ascertain that
whether this new revolutionary government is;
i. capable of having sufficient control over the people of the territory or not,
and
ii. willing to maintain international responsibilities and duties or not.
* Recognition of Belligerency: - Belligerency is the treatment to
consider a civil war as a real war between two rival powers by other existing
states. The recognition by the existing states of the rebels in case of civil war
in a belligerent state is said to be recognition of belligerency. In other words
when a state goes in a state of belligerency where the rebels have a
considerable control over a substantial territory of nation, the rebels may be
recognized by the existing state. Such recognition is said to be recognition of
belligerency.
Conditions: - There are following conditions by the movement of rebels to
recognized by other states:
a. That the movement shall be of a general character.
b. That rebels shall have in possession a substantial part of the national
territory.
c.That they are giving respect and bind themselves for the warfare laws and
other international duties.
3. d. That they have a proper force.
Recognition of Insurgency: - The recognition by existing states the
de facto authority over a large territory of the rebels is said to be insurgency.
In case of insurgency the rebels or the insurgents occupy a large part of the
national territory which was formerly governed by the parent government.
And if they are capable to control over that occupied part then the existing
states may recognize it.
Conditions: Prior to recognize the insurgency it is necessary for the
recognizing state
to satisfy the following conditions;
Firstly, when insurgents occupies a considerable parent state’s territory,
Secondly, they have a support from the majority of the citizens of the parent
state,
Thirdly, they are acting under a proper command and,
Fourthly, they have good control over the occupied territory.
Effects of Recognition: recognition besides conferring also imposes
duties on the insurgent, viz the establishment of prize courts and issue of list
of contrabands.insurgent can therefore be recognised belligerents only if
they are capable of fulfilling theor obligation to other states.
Modes of Recognition: There are two modes of recognition, which
may be given;
1. De facto Recognition.
2. De jure Recognition.
1. 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
4. Recognition.
2. 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.
1.It is provisional recognition subject to fulfillment all attributes of
statehood.
2. It creates few essential rights and duties for recognized and recognizing
states.
3.It does not create full diplomatic intercourse between the parties.
4. The full diplomatic immunities are not granted in this case.
5. In this case the recognized state cannot claim for the property situate in
the recognizing state’s territory
6. In such a case the official visits and dealings may be subjected to
limitations.
De jure Recognition.
1. it is absolute recognition granted to a state which have attained all the
attributes of statehood, possesses sufficient control with permanency.
2. It creates absolute rights for the parties thereto.
3. It creates full diplomatic intercourse between the parties.
4. Here full diplomatic relations are granted to the recognized state.
5. In this case, the claim can be made.
5. 6. In such a case limitations are not necessary.
6. 6. In such a case limitations are not necessary.
