Recognition and effects

of Non-Recognition
Commercial Arbitration for Settlement of International Disputes
International Business Law
Submitted to: Dr. Abhijeet Biswas
Submitted by: Nida Ali
Recognition

• The discretionary function exercised unilaterally by the

government of a State officially acknowledging the existence of
another state, government or belligerent community and
expressing readiness to accept legal consequences of such
acknowledgement.
• Recognition is an act of political will, usually expressing the desire
to establish relations with recognized state, government or
belligerent community.
Recognition of State

A Permanent
Population Government

Capacity to
enter into
A defined
relations with
Territory
the other
Montevideo
states
Convention
1933
Theories of Recognition

Constitutive Theory Declaratory Theory

• Oppenheim • Hall
• Hegal • Wagner
• Anziloti • Fisher
• Brierly
Theories of Recognition

Constitutive Theory

 According to the constitutive theory a state, or government, does not exist

for the purpose of international law until it is recognized.
 It is the act of recognition by other states that creates a new state (or
other international legal person) and endows it with legal personality.
 For Example - China.
Theories of Recognition

Declaratory Theory

 Declaratory theory maintains that recognition is merely an acceptance by

states of an already existing factual situation.
 A new state acquires capacity in International Law if It fulfils the four
essential elements of statehood and not by virtue of the consent of other
states.
 The existence of a state or government is a question of pure fact, and
recognition is merely acknowledgement of the facts.
 For example, Taiwan.
Forms of Recognition of States

Expressed Implied Collective Pre-mature

Recognition Recognition Recognition Recognition
Forms of Recognition of States

1. Expressed Recognition:
o An existing state recognizes another state by releasing a public statement
by way of notification or a declaration announcing the intention of
Recognition. Grant is expressed in written words.
o Diplomatic letters/notes, statements, telegrams. Example: The statement
of French President to recognize the independency of Algeria on 3 July
1963.
o International treaty Example: Japan recognized South Korea via article 12
of Peace Treaty on 8 September 1951.
Forms of Recognition of States

2. Implied Recognition
o Does not release a formal statement but recognizes the state by some acts
which imply that the state is being recognized.
o Sending a diplomatic agent
o Having a talk with an official or a head of state
o Making an agreement with the state Example: Prime Minister of Israel,
Shimon Perez, visited Morocco on 21 July 1986 and had a talk with King
Hassan II to seek solutions for Middle East problems
Forms of Recognition of States

3. Collective Recognition
o Via international treaty or multilateral conference
o Example: 5 ASEAN countries on 18 April 1975 recognized Cambodia
Forms of Recognition of States

4. Pre-mature or Precipitate recognition

o It is granted even when a State does not possess all the attributes of
Statehood. Generally, when the authorities organize a separatist movement
and establish a provisional government in a State for the prospective new
State, recognition of such a government is granted by other States.
Modes of Recognition

De facto Recognition

• De facto recognition is a provisional recognition of statehood. It is a primary step

to de jure recognition. It is a temporary and factual recognition as a state, and it
can either be conditional or without any condition.
• Example - Israel, Taiwan, Bangladesh

De jure Recognition

• De jure recognition is the recognition of a new state by the existing state when
they consider that the new state fulfils all the essential characteristics of a
state. The de jure recognition can be granted either with or without granting de
facto recognition.
Modes of Recognition
De facto Recognition
• provisional and factual recognition.
• fulfilment of the essential conditions
of statehood.
• De facto recognition is a primary step
towards grant of de jure recognition.
• either be conditional or non-
conditional.
• Revocable.
De jure Recognition
• Legal Recognition
• when the state fulfils all the
essential condition of states along
with sufficient control and
permanency.
• De jure recognition can be granted
either with or without grant of de
facto recognition.
• final and non-conditional recognition
• Irrevocable
Recognition of Government

For recognizing the new government established out of revolution,

the existing states need to consider that:
1. The new government have sufficient control over the territory
and its people or not.
2. The new government is willing to fulfil the international duties
and obligations or not.
Effects of Non Recognition

• The validity of nationality, documents and travel documents would

be contested.
• Cannot have diplomatic representation in other states.
• Cannot become a member of international organisations.
• Cannot have its own international airlines.
• Cannot benefit from international aid.
THANK YOU!