• Dr.V

STATE RECOGNITION


  1. WHAT IS RECOGNITION? SEEING. ACKNOWLEDGING. AND ACCEPTING - I SEE YOU. It is an unilateral act.

  2. 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.

  3. THEORIES OF STATE RECOGNITION ?

  • The constitutive theory : You are non-existent - now you become a state in intl arena- coz i recognize you!

You did not become state simply becoz of ur independence from colonialism or fulfill the criteria of statehood.

  • The Declaratory Theory: You are already in existence - as u've fulfilled the criteria of statehood - now i jus make formal statement that i recognise you.

  1. MODES OF SR:

  • 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 can be withdrawn.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 em.

  1. FORMS/ MANNER OF SR ?

  • 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 : dependant on fulfillment of certain stipulations.

  1. OTHER DOCTRINES ?

  • STIMSON DOCTRINE : OR DOC. OF NON-RECOGNITION : Withholding the SR as the you have gained st.hood by use of force.

  • ESTRADA DOCTRINE : continue ur 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.

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