PREVIOUS YEAR UPSC LAW OPTIONAL MAINS QUESTION SOLVED SERIES | 2019 MAINS | PAPER 1 | PART B | QUEST


PREVIOUS YEAR UPSC LAW OPTIONAL MAINS QUESTION SOLVED SERIES | 2019 MAINS | PAPER 1 | PART B | QUESTION 5(b) – Compulsory part


QUESTION 2 : What do you mean by State-Recognition? What are the legal effects of recognition? Differentiate between de-facto and de-jure recognition.


WHAT IS RECOGNITION ? Recognition is a formal acknowledgment by the existing members of the international community of the existence of a new state. In order for an entity to be called a state, certain essential attributes such as population, territory, a government and a capacity to enter into legal relations by other states, must be there. When the other states acknowledge the possession of these essential attributes in an entity, it is known as recognition of states.


EXAMPLES OF STATE RECOGNITION | Examples of express recognition

  • Recognition of Bangladesh by India on December 6, 1971.

  • Treaty between United kingdom and Myanmar signed on October 17,1947 shows express recognition of United Kingdom to recognize Burma as fully independent and sovereign state.


Examples on Implied Recognition: Entering into bilateral treaty or establishing diplomatic relations with unrecognized state can be inferred as grant of recognition.


Legal effects of recognition :

Imagine India was not recognized internationally as a state then it cannot enter into any treaty or play any international role. It cannot simply be a non permanent member of UNSC which was its recent internationally recognized key position.


On 21st Jan, India and the United Kingdom recently held the 14th meeting of the India-United Kingdom Joint Working Group on Counter-Terrorism. It cannot do this too. In shot India if not recognized can never have an international presence


To summarize any state only after recognition has these notable effects :

  • Recognized states may establish diplomatic and consular relations with recognizing states

  • Representatives of recognized states enjoy diplomatic immunities within the territory of recognized states.

  • Recognized states can enter into treaty relationships with the recognizing states.

  • Recognized states may sue in courts of the recognizing states.

  • Recognized states may claim or receive property situated in recognizing states.


De facto recognition

It is regarded as the preliminary step towards de jure recognition. It is granted when the recognizing state considers that the new state has the legitimate government but its effectiveness and continuance to the governing territory is doubtful. This recognition is given provisionally subject to fulfillment of all the attributes of statehood with sufficient stability.


Example—Soviet Union was recognized by Great Britain de facto on March 16, 1921 and later de jure on February 1, 1924.


De Jure Recognition

When state considers new state is capable of possessing all the essential attributes of statehood with stability and permanency and it commands the general support of the population, the recognition granted is de jure recognition. De jure recognition is final.


Example-- United Kingdom recognized the Soviet state de facto in 1921, but de jure only in 1924.


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