Substantive principles of

contemporary International Law

The Principle of Recognition
in International Law.
 Introduction

•Christine E. White, an Editor and

Reporter of the journal International
Judicial Monitor, declares that:
• .
 Introduction
• “In International Law, the recognition of a
state is the act by which one state
acknowledges that another state possesses the
essential elements of sovereign statehood.”
• Mark W. Janis, An Introduction to Modern International Law (New
York: Aspen Publishers, 2003)
 Introduction
•An act of recognition at the
International level can be of various
forms : States can recognize the
occurrence of new states, new
governments of existing states,
territorial modifications….etc.
 Introduction
•It is necessary to indicate that a
state’s choice to recognize
another state is influenced by
political concerns and the
policies of the recognizing state,
 Introduction

•but normative standards are of

great help in regulating
extremes.
 Introduction

•It is important to note that

recognition of a state is different
from recognition of a government.
 Recognition of State: Definition
• The 1933 Montevideo Convention on the
Rights and Duties of States define a state as
an entity that must have a permanent
population and a defined territory, which is
under the control of its own government, and
has the capacity to enter into relations with
other states.
 Recognition of State: Definition

•The international community had

since then adopted that
affirmation as the basic
“definition” of a state.
 Types of State Recognition
• The principle of recognition can be
established in several ways:
• 1) Direct recognition, a public act of
state usually conveyed through a written
or an oral declaration.
 Types of State Recognition
•2) Implied recognition takes
place through actions of sending
and receiving diplomatic agents
and instituting bilateral relations.
 Recognition of State through the state admission to the UN

•Nevertheless, the admission of

a State to the UN is often taken
as indication of statehood.
 Recognition of State through the
state admission to the UN
• In order for a state to join the UN, the
Security Council must decide to submit a
state’s application for admission to the
General Assembly for a two-thirds
majority vote.
 Recognition of State through the state admission to the UN

• The two-thirds requirement means that

state may not be granted admission to the
UN if it is not recognized by a two-thirds
majority of the General Assembly.
•.
 Recognition of State through the state admission to the UN

• Additionally, a UN member state may not

be recognized by other members.
Currently, sixteen UN members do not
recognize the existence of Israel as a state.
 Recognition of Government

•A state’s position as a member of

the international community is
not affected by changes in its
government.
 Recognition of Government
• A new government that comes to power
through constitutional means, such as an
election, is officially recognized as the
government of that state.
 Recognition of Government

• When a State recognizes a new

“government,” it usually acknowledges a
person or group of persons as competent to
act as the organ of the State and to represent it
in its international relations.
 Recognition of government

• New governments inherit the

same rights and obligations under
International Law as their
predecessors.
 Recognition of government

• A government that comes to power

unconstitutionally, by means of a coup
d’etat for example, can be recognized as
the “de facto” government, even though it
may not be the “de jure” government,
provided it has control over state practice.
 Outcome of the act of recognition

• Brownlie declares that , “the typical act of

recognition has two legal consequences.
• The recognition in judicial proceedings.
The access to the courts (locus standi),
privileges and immunities,
 Outcome of the act of recognition

• the legal status of individuals, the

right to recover State property in the
forum, and the judicial cognizance of
foreign legal acts.
 Outcome of the act of recognition

• The establishment of bilateral relations:

the formal act of recognition does imply that
the recognizing state will seek to establish
formal, optional, diplomatic relations.
 Non recognition of State or Government

•The non-recognition of a de
facto existing State or
government may be motivated
by political reasons.
 Non recognition of State or
Government
• It may also be used as a sanction in
response to a violation of a fundamental
norm of international law (such as the
prohibition of the use of force or racial
discrimination.
 Non recognition of State or
Government
• The duty not to recognize as lawful a situation
created by a serious breach of an obligation is
now laid down in article 41(2) of the International
Law Commission’s Articles on Responsibility of
States of Internationally Wrongful Acts (2001).
 Non recognition of State or Government

•A duty of non-recognition may also

arise under a treaty or a binding
resolution of the United Nations
Security Council.
 Non recognition of State or
Government
• Non-binding resolutions of the Security
Council which in their preamble merely
reaffirm “the sovereignty and territorial
integrity of a State and the inadmissibility of
the use of force for the acquisition of territory,
 Non recognition of State or
Government
•may contribute to the establishment
of a customary international law duty
of non-recognition of the secessionist
entity created by force”.
 Conclusion
•Recognition of a state as a new
member of the international
community is still very much a part
of the dialogue on international law.
 Conclusion
• Recognition carries a great deal of
weight as it opens the door for the
establishment of diplomatic relations
and membership into International
Organizations.
 Conclusion
•There will always remain a certain
degree of controversy regarding the
recognition of new states.