Q. Discuss in detail the theories of recognition of states.

(2006/A)
1. Introduction:
Recognition is a process of accepting the legal status of a state. it is an act by which another state
acknowledges that political entity recognized possesses attributes of statehood. recognition is important
for state to acquire international status. the recognition confers right and duties upon the states.
2. Meaning:
It means ab free act by which one or more states acknowledges the existence of a definite territory of
human being, politically organized independent of any other states and capable of observing obligations
of international law.
3. Definition:
According to Schwarngen Berger:
'The growth of international law is best understood as an expanding process from a nucleus of entities
which have accepted each other's negative sovereignty and on the basis of consent are prepared to
maintain and possibility expand the scope of their legal relation.
Oppenheim:
'In recognizing a state as a member of international community the existing states declare that in their
opinion the new states fulfil the conditions of statehood as required by the international law."
Fenwick:
"Recognition is international personality of a state."
4. Aspects of recognition:
The topic of recognition may be broadly divided into the following.
(i) Recognition of states.
(ii)Recognition of government.
(iii) Recognition of billigency.
(iv) Recognition of insurgency.
5. Law on "recognition of states" :
I. Essentials of statehood:
According to Kelson a community to be recognized as an international person must possess the
following essentials.
(i) Population.
(ii) Government.
(iii) Sovereignty.
(iv) Territory.
II. Nature of recognition:
Acknowledgment of the possession of the attributes of statehood in a state depends upon the discretion
of the existing state. the discretionary power is exercised in accordance with the policy of the state.
6. Theories of recognition:
There are two theories about recognition which are as under.
I. Constitutive theory:
According to constitutive theory recognition creates statehood or clothes on new state with any
authority or status in international sphere. it implies that other state constitute the personality of the
state recognizing it.
Criticism:
This theory is criticized for the reason that it cannot explained retrospective effects of recognition.
II. Declaratory theory:
According to declaratory theory state comes into existence as soon as it acquires the attributes of
statehood. so recognition is merely a formal acknowledgement through which established facts about
existence of a state are accepted.
Criticism:
Recognized creates new rights in newly recognized state.
7. Forms of recognition:
Following are two forms of recognition.
I. Express recognition:
Where an existing state recognizes the new state by a notification or declaration, announcing the
intention of recognition is called to be express.
II. Implied recognition:
It is done by accrediting diplomatic representative or visit by head of state.
8. Kinds of recognition:
I. De facto recognition:
Where an existing state considers that the new state has not acquired sufficient stability, it may grant
recognition to that state provisionally which is termed as Defacto recognition. the recognition state
must possess essential elements of statehood and should be it to the subject of international law.
Schwargen Berger's views:
"When a state wants to delay the de-jure recognition of any state, it may, in the first stage grant de-
facto recognition."
(i) De- facto recognition when can be withdrawn:
Defacto recognition once granted can be withdrawn if recognizing state considers that new state has not
possess the capability of administrating its territory.
Case law
National bank of Ethiopia v/s National bank of Egypt 1973
'The court ruled that in view of the fact that the British government granted recognition to the Italian
government as being the defato govt. of the area of the area abyssinia which was under Italian control
effects must be given to an Italian decree in abyssinia dissolving the plaintiff bank appointing liquidator.:
II. De jure recognition:
De jure is actual recognition it is granted when in the view of recognizing state the recognized state
possesses all the essential requirements of the statehood and it is capable of being a member of the
international community.
9. Difference between de-facto and de jure recognition:
I. As to nature:
De facto recognition is temporary.
De-jure recognition is permanent.
II. As to revocation:
De facto recognition can be revoked.
De jure recognition can not be revoked.
III. As to effect:
De- facto has not retrospective effect.
De- jure recognition has retrospective effect.
IV As to right:
Ce facto recognition dose not confer title to retain property in other state.
De jure recognition confers title to retain property in other state.
V. As to diplomatic relation:
In defacto recognition diplomats not appointed.
In de jure recognition diplomatic relation are established.
VI. As to scope:
De facto recognition is of less scope because recognition is not possible through united nation is made
when it is admitted to the membership of under nation.
10. Consequences of non-recognition:
(i) Cannot sue.
(ii) No diplomatic relation.
(iii) No right to get property situated in territory of the recognizing state.
11. Legal effects of recognition:
(i) Right to sue:
The recognized state becomes entitled to sue in the court of recognized state.
(ii) Establishment of diplomatic relation:
In case of de jure recognition diplomatic relation are established.
(iii) Application of the rules of international law:
The rule of international law apply to the recognizes state.
(iv) Right of succession:
The recognized states become entitled to get property situated in the foreign state.
(v) Sovereign immunity:
The recognized state become entitled to sovereign immunity for itself its property in the court of
recognizing states.
12. Collective recognition:
International law dose not prohibit collective recognition similarly there is no prohibition on collective
de- recognition. there are many instances of collection recognition.
13.Conclusion:
To conclude it can be said that recognition is a process through which a political community acquires
international personality by becoming member of the nations. De facto and dejure are two important
modes of acquiring recognition. defacto recognition is step toward dejure recognition.