Dr.V
Sep 4, 20162 min
Updated: Aug 18, 2021
State recognition and state succession | Topic 3 Under International Law
WHAT IS RECOGNITION? SEEING. ACKNOWLEDGING. AND ACCEPTING - I SEE YOU. It is an unilateral act.
WHAT HAPPENS THEN? if an entity is recognised as a state in, for example, the United Kingdom, it will entail the consideration of rights and duties that would not otherwise be relevant.
THEORIES OF STATE RECOGNITION ?
The constitutive theory : You are non-existent - now you become a state in international arena- because i recognize you!
You did not become state simply because of your independence from colonialism or fulfill the criteria of statehood.
The Declaratory Theory: You are already in existence - as you have fulfilled the criteria of statehood - now i just make formal statement that i recognise you.
MODES OF STATE RECOGNITION :
DEFACTO : You are the having the elements of st.hood. But can you continue having it ? i doubt the permanency and stability of ur state. Anyway i will recognize u provisionally / not permanent. can be withdrawn.
DEJURE : You are the having the elements of st.hood. And no doubt abt the permanency and stability. Therefore by law i will recognize you. Essential to become a mem of U.N.
TRIVIA : India follows both of them.
FORMS/ MANNER OF STATE RECOGNITION?
Express : By formal statement
Implied : initiation of diplomatic relations
Collective: a state admitted to UN and a set of states voted in favour of it.
Conditional : dependent on fulfillment of certain stipulations.
OTHER DOCTRINES ?
STIMSON DOCTRINE : OR DOCTRINE OF NON-RECOGNITION : Withholding the State recognition as the you have gained statehood by use of force.
ESTRADA DOCTRINE : Continue your diplomatic relations with states regardless of revolutionary changes within it.
HALLESTEIN DOCTRINE: Division of germany. Pledged to have no relations with either east or west germany. No relevance today.