LECTURE #03

Recognition
Definition: In recognizing a state, as a member of international community, the
existing state declare that in their opinion the new state fulfils the conditions of
statehood. By OPenheim
1. RECOGNITION OF STATES: inconsistent practices of states, not any
law
1.1 Essential elements of statehood:
according to article 1 of montevideo convention 1933
A) a govt
B) permanent population
C) definite territory
D) capacity to enter into relations.

1. states get rights and duties under international law when they are recognized by other
states.
2. It is the legal duty of state to recognize a state which possesses the attributes of
statehood.
3. When a state recognizes another state, some legal affects (rights & duties) ensure to
arise out of it that is said to be of constitutive nature.
1.2 Declaratory theory:
1. states get rights and duties in international law when they possess the attributes of
statehood and recognition is not a condition precedent for getting rights and duties.
In fact, recognition is mere declaration.
2. According to proponents of this theory , recognition depends upon discretion and
sweet will of the states.
3. Soviet are of the view that birth of the state is a matter of domestic law rather than
international law.
CT = r/d———- R …….. COnstituitve theory
DT = r/d———- SH …………….Declataroy theory
1.3 Modes of recognition: There are two modes:
1. Defecto recognition
2. Dejure recognition
 A——————> B(recognized) <—————C(recognizing)
De facto recognition: Recognizing state grants de facto recognition to a recognized state on
the following conditions:
1. Where there is doubt in its stability.
2. It may be possible that the state recognized may refuse to solve its main problems
3. It may be possible that the state recognized couldn’t fulfils its international
obligations.
De Jure Recognition: British practices show that there are 3 conditions for granting DeJure
recognition:
1. Reasonable assurance of stability
2. the Govt should command the respect of majority of the population of that
territory.
3. It should be able and willing to carry out its international obligations.

1.4 Difference between De Facto and De Jure recognition:

DE facto recognition DE Jure recognition
Withdrawal is possible. Withdrawal is not possible.

Not a permanent status It is a permanent status

No diplomatic relations between There are diplomatic relations between

recognizing and recognized states recognizing and recognized states

1.5 Consequences of recognition:

1. Diplomatic relation
2. trades
3. treaties
4. states can sue each other
5. states accept the sovereign immunity of each other
Consequences of non-recognition:
1. No diplomatic relations
2. Trades
3. no treaties
4. states can’t sue each other
5. states don’t accept sovereign immunity
Implied Recognition:
2. RECOGNITION OF GOVERNMENTS
As far as recognition of governments is concerned, it depends upon facts and circumstances of
the case.
1. If the change in govt takes place peacefully or in accordance with constitutional provisions.
Then such govt normally receives recognition from other states.
2. if the change in govt takes place through revolution or use of force, then other governments
have to decide weather the new government commands the respect of majority of the people
of that territory
ASSIGNMENT (7-8 lines para)
1.Tobar Doctrine
2. Estrada Doctrine
QUESTION: When all has been said it will be found that consent remains firmly the basis of
international law, and there are as many and only as many, sources of international law
whereby the consent of states can be expressed? discus.

 Statement base questions all always from past papers.

 Underline keywords

3. RECOGNITION OF REBELS/INSURGENTS/BELLIGERENTS
Rebels:
1. they are not recognized by law and treated as public enemy.
2. Hostes generis human(the public enemy)
Insurgents
1. they are recognized by law and not treated as public enemy
2. Insurgency is a matter of principle law
belligerents:
When insurgents are well organized and conduct hostilities, according to laws of war and have
definite territory under their control, they may be recognized as belligerents weather or not
the parent state has already recognized that status.
Belligerency as matter of
Essential conditions for the recognition of insurgents:
 1.Control over a considerable portion of territory
2.considerable support to the insurgents from the majority of the people of that
territory
Essential conditions for the recognition of belligerents:
1.The armed conflict is to be of general character
2. the insurgents occupy and administers major portion of territory
3.they conduct hostilities through armed forces under a responsible authority. moreover,
they conduct hostilities in accordance with laws of war

rebels Insurgents belligerents

Law of every state Law of one state i.e International law
inhabitant

Public enemy Only the state’s enemy

No control of any area
Control: tentative control of
any area and can be
dispersed through state
operation
Control and administers
strong hold that they cant be
dispersed and they can
challenge rit of state. Make
their own laws.

No treaty at all Humanitarian treaty only Almost all treaties that are
for a state