NATIONAL LAW INSTITUTE UNIVERSITY BHOPAL

SYNOPSIS

PUBLIC INTERNATIONAL LAW

TOPIC: AN OVERVIEW ON RECOGNITION OF STATE IN

INTERNATIONAL LAW

8TH TRIMESTER

SUBMITTED BY: GAURAV PETER

2017BA.LLB113

SUMITTED TO: Dr. RAKA ARYA

INTRODUCTION

According to International Law, Recognition is the formal acknowledgment of the

status of an independent State by other existing states.

According to Prof. L. Oppenheim, “In recognising a State as member of

international community, the existing States declare that in their opinion the new
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State fulfils the conditions of statehood as required by international law."
Fenwick also subscribes to the view that through recognition the members of the
international community formally acknowledge that the new State has acquired
international personality. The Institute of International Law has defined the term
'recognition' in the following words : it is “The free act by which one or more
States acknowledge the existence of a definite territory of a human society
politically organized independent of any other existing States and capable of
observing obligations of international law by which they manifest through their
intention to consider it a member of international community.”

OBJECTIVE

 To study the ‘Recognition of State in Public International Law”.

 To study the legal consequences of State recognition

 To study theories and modes of State recognition in Public International Law.

HYPOTHESIS
The problem of ‘Recognition of States and Governments’ has neither in theory nor in
practice been satisfactorily solved as the term ‘Recognition’ points to two entirely
different acts, not clearly separated either in theory or in practice. The solution to this
Problem is that it must above all furnish a clear distinction between the two functions
known as ‘Recognition.’

RESEARCH METHODOLOGY

This research is descriptive and analytical in nature. Secondary sources have been
largely used to gather information and data about topic. Other references as guided by
Faculty have been primarily helpful in giving this project a firm structure. Help has
also been taken from web site, reference books etc

RESEARCH QUESTIONS

Q.1. What is State Recognition (Public International Law Concept) and what are its
legal consequences?

Q.2 What are the different theories of State recognition in International Law?

Q.3 What are the different types of modes with regard to State recognition in Public
International law?

LITERATURE BOOKS AND ARTICLES

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 DR.S.K.KAPOOR, INTERNATIONAL LAW AND HUMAN RIGHTS - The
Chapter XIX of this book deals with subject of the research project, i.e.
STATE RECOGNITION.
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 DR.H.O.AGARWAL, INTERNATIONAL LAW AND HUMAN RIGHTS - The
Chapter VIII of this book deals with the subject of STATE RECOGNITION
AND ITS LEGAL CONSEQUENCES