Theories of What is monistic What is jus

recognition- The theory in cogens in simple

recognition of a international words?
law?----------- Jus cogens (or ius
new entity as a Monists accept cogens) is a latin
sovereign state is that the phrase that
based on two main internal and literally means
theories: 1@ international
“compelling law.”
legal systems
Consecutive It designates
form a unity.
Theory- The main Both national norms from which
exponents related legal rules and no derogation is
international permitted by way
to this theory
rules that a state of particular
are Oppenheim,
has accepted, agreements. It
Hegal and Anziloti. for example by stems from the
According to this way of a treaty, idea already
theory, for a determine known in Roman
State to be whether actions law that certain
are legal or legal rules cannot
considered as
illegal.######## be contracted
an international ###What is out, given the
person, its monist and fundamental
recognition by the dualist values they
existing states as a theory?-----------
uphold
Specifically,
sovereign required. Examples of jus
monist theory
This theory is of the cogens norms
prioritizes the
view that only after desirability of a include prohibitio
recognition a State formal ns against crimes
international against humanity,
gets the status of
legal order to genocide, and
an International establish the human trafficking.
Person and rule of law Is jus cogens
becomes a subject among nations, legally
to International while dualist
binding?------A
theory prioritizes
Law. So, even if an peremptory norm
the notions of
entity possesses all individual self- of general
the characteristics determination international law
and sovereignty (jus cogens) is a
of a state, it does
at the state norm accepted
not get the status and recognized
level#########
of an international ######What are by the
person unless treaties international
recognised by the called?---------- community of
existing States. Under States as a whole
international as a norm from
This theory has
law, a treaty is which no
been criticised by any legally derogation is
several jurists. Few binding permitted and
of the criticisms of agreement which can be
this theory are: between states
modified only by
(countries). A
1@This theory is a subsequent
treaty can be
criticised because norm of general
called a
unless a state is Convention, a international law
recognised by other Protocol, a Pact, having the same
an Accord, etc.; character.
existing states,
it is the content What is the true
rights, duties and of the nature of
obligations of agreement, not international
statehood its name, which law?------------
community under makes it a
International
treaty. For
International Law is Law governs how
example, the
not applicable to it. Treaty of nations must
2@ This theory also Paris was interact with
signed in 1783 other nations. It
leads to confusion
between Great is extremely
when a new state is useful in
Britain on one
acknowledged and side and regulating the
recognised by some America and its issue of
of the existing allies on the jurisdiction which
states and not other. The arises when
Treaty of Paris people trade
recognised by other
is an example of among different
states. a peace States. The main
2@Declaratory agreement. This purpose of
Theory- The main treaty ended the International Law
exponents of the Revolutionary
is to promote
War. Types of
Declaratory Theory justice, peace and
Treaty
of Statehood common
1@Bilateral
are Wigner, Hall, treaties. interest.----------
Fisher and 2@Multilateral One view
treaties.####### considers
Brierly. According
#####.####### International law
to this theory, any ####What is not a true law,
new state is the meaning of rather, a code of
independent of the De Jure Belli ac rule of conduct
consent by existing Pacis? -- On
backed by
the Law of War
states. This theory morality. On the
and Peace-Jure
states that the Belli ac Pacis other
existence of a new (1625; On the hand, Internation
Law of War and al law is
state does not
Peace) that war considered to be
depend on being a true law and is
is justifiable only
recognised by the if a country regarded as a law,
existing state. Even faces imminent similar to that of
before recognition danger and the ordinary laws of a
by other states, the use of force is state, binding
both necessary upon the citizens.
new state has the
and What is the true
right to defend its proportionate to nature of
integrity and the international
independence threat.######## law?------------
under International DUTIES OF
International
NEUTRAL
law. The Law governs how
STATE- The
declaratory theory nations must
neutral State
of statehood has has the right interact with
also been criticised. to grant asylum other nations. It
to deserters and is extremely
This theory has
to refuse, as a useful in
been criticised on consequence, to regulating the
the ground that this repatriate them issue of
theory alone after the end of jurisdiction which
cannot be hostilities
arises when
against their will.
applicable for people trade
At the outbreak
recognition of a of hostilities among different
state. When a state policy for such States. The main
matters should purpose of
having essential
be clearly laid International Law
characteristics is to promote
down and ideally
comes into agreed with the justice, peace and
existence as a state, belligerent common
it can States interest.----------
exercise internation One view
al rights and considers
International law
obligations and
not a true law,
here comes the rather, a code of
application of rule of conduct
declaratory theory, backed by
but when  other morality. On the
states acknowledge other
its existence and hand, Internation
the state gets the al law is
legal rights of considered to be
a true law and is
recognition, the
regarded as a law,
consecutive theory similar to that of
comes into play., ordinary laws of a
state, binding
upon the citizens.
Modes of C the economic and
Recognition - BA I social council
There are two SIS T { ecosoc}------------
modes of FO I ----- Economic
recognition of State: R Z and Social
NATION
1@De facto CO E Council
ALITY
Recognition- De MP N (ECOSOC), one
facto recognition is AR S of the six
a provisional IS H principal organs
recognition of ON I of the United
statehood. It is a P Nations (UN),
Me Nati Citiz responsible for
primary step to de
ani onal ensh the direction
jure recognition. It
ng ity is ip is and
is a temporary and coordination of
factual recognition the the
indiv politi the economic,
as a state, and it can social,
either be idua cal
humanitarian,
conditional or l statu and cultural
without any me s, activities carried
condition. mbe whic out by the UN. It
This mode rshi h is the UN’s
recognition is p state largest and most
granted when a new that s complex
sho that subsidiary body.
state holds a
ws a the ECOSOC
sufficient territory membership is
and control over a pers pers
on's on is based on
particular territory, geographic
relat reco
but the other representation:
ions gniz
existing states 14 seats
hip ed
consider that it does with as a are allocated to
not have enough the citize Africa, 11 to
stability or any stat n of Asia, 6 to
other unsetting e. the eastern Europe,
issues. So, we can coun 10 to Latin
consider it as a test try. America and the
of control for newly Caribbean, and
Co Ethni Leg 13 to western
formed states. De nce c or al Europe and
facto recognition is pt racial. or other
a process of juri areas.RECENTLY
acknowledging a stic INDIA GET
new state by a non- . ELECTED TO 4 UN
committal act. Re The Indi ECOSOC BODIES
The state having de pre place vid ECOSOC is one of
facto recognition sen or ual the six principle
are not eligible for ts count is organs of the un
being a member of ry regi system
the United Nations. wher ster established by the
e.g., Israel, Taiwan, e the ed Aun charter in
Bangladesh. /////// indivi as 1945 it consist of
// 2@De Jure dual a 54 members of
Recognition- De has citi the united nation
jure taken zen elected by the
birth. by general
recognition is
the
the recognition of a assembly ,security
gov
new state by the council,ecosoc,
ern
existing state when me trusteeship
they consider that nt council,
the new state fulfils of international cost
all the essential the of justice,un
characteristics of a cou secretariat its first
state. The de jure ntry chairmanship was
recognition can be . done by an Indian
granted either with Wa Birth Birt Ecosoc establish
or without granting ys and h, coordination
de facto Inheri Inh between Un 14
recognition.  This tance erit agencies 5
mode of recognition (depe anc regional
is granted when the nding e, commission for
newly formed state on Ma economic social
acquires permanent the rria and
stability and rules ge, environmental
statehood The De preva Nat Ecosoc Work as
jure mode of lent in ural Central forum for
recognition grants the izat all economic and
the permanent count ion, social issues
status of a newborn ry) etc. discuss on this
state as a sovereign Ca No Ye forumIndia get
state. In the case n it s elected to 4 un
of Luther v. Sagar, it be ecosoc bodies 1.
was held in this case cha Commission for
that for the purpose nge social
of giving effect to d? development 2
the internal acts of Ca It is It comitte for ngos
the recognised n it innat can 3.commission on
authority there is no be e. be science n
distinction between rev rev technology for
de facto and de ers ers development 4
jure. ed? ed. committee for
Recognition of Ca No, a Ye economic social
state-Recognition n it perso s, a and cultural rights
of state under the be n can per ambassador
International Legal pos be son preeti saran gets
System can be sibl natio can re elected
defined as “the e to nal of bec
hav only om The differences
formal
e one ea between
acknowledgement nati count citi nationality and
or acceptance of a ona ry. zen citizenship can
new state as an lity/ of be drawn clearly
international citi mo on the following
personality by the zen re grounds:
existing States of shi tha 1 The status
the International p of n arising out of the
community”.It the mul one fact that a
acknowledgement tipl cou person is the
by the existing state e ntry origin of a
cou . particular nation
that a political
ntri is called
entity has the
es? Nationality.
characteristics of
distinguish Citizenship is
statehood
Essentials for between the political
recognition as a nationality and status that can
be obtained by
state: a.It should citizenship
meeting the
have a permanent
legal
population. requirements set
b.A definite by the
territory should be government of
controlled by it. the state.
c.There should be 2 The
a government of nationality is an
that particular ethnic or racial
territory. d. That concept. On the
entity should have
other hand,
the capacity to
citizenship is a
enter into relations legal or juristic
with other states. concept 3
When a state The nationality
acquires of a person
recognition, it gains indicates his/her
certain rights, place or country
obligations and of birth while the
immunities such as. citizenship of a
$ It acquires the person shows
capacity to enter that the
into diplomatic individual is
relations with other registered as a
states. # It acquires citizen by the
the capacity to government of
the respective
enter into treaties
country.
with other states .
4 A
$ The state is able person can
to enjoy the rights become a
and privileges of national of a
international country by birth
statehood.$ he or by
state can undergo inheritance. As
state succession. against this,
$ With the there are a
recognition of state
variety of ways
comes the right to
through which
sue and to be sued. an individual can
$ The state can become the
become a member citizen of a
of the United country, i.e. by
Nations birth,
organization inheritance,
marriage,
naturalization or
registration.
5 The
nationality of a
person cannot
be changed.
However, his
citizenship can
be changed.
6 The
nationality of a
person cannot
be taken back,
once acquired
while the
citizenship of a
person can be
taken back.
7 A person
cannot be a
national of more
than one
country. In
contrast, a
person can
possess
citizenship of
more than one
country at a
time.