UNIT-3

RECOGNITION OF INSURGENCY
 Essentials of insurgency:-
 Control over the considerable part of territory.
 Considerable support from majority of people of
territory.
 I. capacity to carry out the I. obligation.
 It is used to denote the condition of political revolt in
a country where the rebels have not attained the
character of belligerents.
 A war against state by citizen.
 Insurgency intermediate part between tranquillity
and belligerents.
RECOGNITION OF INSURGENCY
 EFFECT OF RECOGNTION OF INSURENCY:-
 Insurgents not treated as pirates.
 Rebels of civil strike- the public enemy. Until,
recognized as insurgents.
 I. rules of war applicable to them.
 RECOGNITION OF BELLIGERENCY
 Essentials of recognition of belligerency:-
 Armed character is general one.
 Insurgents occupy and administer a considerable part of
territory.
 Hostilities through armed force with respect to law of war.
 Foreign states necessary to find out act and attitude of
belligerency and established Government.
 Is the acknowledgment of juridical act that there exist a state
of hostilities between two factions contending power and
authority.
 Insurgents are well organized and control of territory.
 Hostilities act within purview of law of war.
 Belligerent in any one state and parent state.
 RECOGNITION OF BELLIGERENCY
 EFFECT OF RECOGNTION OF INSURENCY:-
 I.L & Rules will applicable to the belligerents from the date of
recognition.
 Conflict are Internationalised- belligerents get some rights under I.L.
 Recognized belligerent authorities establish Govt.,
 Consequence of non-recognition:-
 Recognition is powerful and important for political weapon or
political act.
 Unrecognized court can’t sue in the non-recognizing state.
 AI Fin corporation patent: the court recognize the executive act of
only those states who have been recognized.
 No diplomatic relation.
 There is no immunities from legal processing under I.L.
 State are not entitled to get property in foreign territory.
 WAY OF RECOGNITION
 IMPLIED RECOGNITION:-
 It’s a de facto recognition.
 Unilateral act of state.
 Depends on discretion of state.
 Circumstances :-
 Bilateral treaty between recognizing state and recognized
state.
 Formal diplomatic relation and exchange of consuls.
 Participation of state in Multi- Lateral Treaty.
 Participation in I. Conference.
 Negotiation between Recognized state and recognizing
state.
 WAY OF RECOGNITION
 Conditional recognition:-
 Is a political function & depends upon the discretion
of the recognizing state.
 Ex: Germany recognized the Bulgaria & Rumania
with respect to non- discrimination on the religion
among the citizen of country.
 Collective recognition:-
 Recognition granted by number of states collectively.
 Its free act of states.
 Ex : U.N- vote for new state. Or any other I.O.
RETROACTIVE EFFECT OF RECOGNITION
 De jure recognition is retroactive recognition.
 A prior act of recognized state also get recognized one.
 Its object to establish the friendly relation with such state.
 It may be extent depends upon the intention of the recognizing state.
 C.S:- Civil Air Transport incorporated Co Vs- Central Air Transport
corporation.
 Appellant – registered corporation in delware at U.S.A.
 Respondent- institution of National Government of China.
 There was the change of head in china. Due to, continuous
revolution.
 In the mean time, respondent sale the property to appellant( 40
aircraft and other properties)
 Recognized by communist Govt.., of England.
 It won’t invalidate the act of old recognized state.
 DOCTRINE OF RECOGNIZING
 Estrada doctrine:-
 ‘Estrada” is a foreign ministry of Mexico.
 Establishment of diplomatic relation with other state.
 The change will take place on the basis of revolution.
Such revolutionary Govt., support the command of
people. It may establish the diplomatic relation
with it.
 Criticism: diplomatic relation should be considered as
accredited to the state and not for Govt.,
 Disregards the rules of I.L.
 DOCTRINE OF RECOGNIZING
 STIMSON DOCTRINE/ DOCTRINE OF NON-
RECOGNIZATION:-
 He is secretary state of Govt.,
 State recognized the other with violation of I. Treaty.
Such recognition not a valid one.
 Ex : Pact of Paris-1928( no one should maintain the relation
with war as an National policy of state).
 Hallesetin Doctrine:-
 Foreign policy author: propounded for division of
Germany into east and west, Pakistan and Bangladesh.
 If any government offered the diplomatic relation with one
of Germany and other part have leave the friendly nation
with offered state.