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Recognition of State by Rejina Begam

 Recognition of State is an important factor in a sovereign nation. A state gets its legal rights, obligations and duties through recognition. When a new state comes, or an old state disappears and comes with a new name or one state splits into two, the other existing state gives recognition to that state. Political thinking plays an important role in this matter. 

  • Under International Law, recognition of state, can be defined as “A State acknowledgement or acceptance as an international personality by the existing international community.”

  • Essentials of Recognition of State The Montevideo Conference, 1933 gives the following essential –

  • Population: There should be a permanent population in a state. State is made of human beings so without population, is is not possible to establish a state. 

  • Territory: There must be a definite territory of state. The territory includes land, airspace, mines, sea etc. 

  • Government: Government is the third essential element of state. A state cannot exist without government. A state sovereign state exercises it’s power through government. 

  • Sovereignty: Sovereignty is the supreme power of the State. It means supremacy. It is internal supremacy and external independent. 

  • Theories of recognition of state: There are three theories:

  • Constitutive Theory: This theory is coined by Oppenheim, Anziloti. According to this theory state becomes international person after recognition. But it doesn’t mean state doesn’t exist before recognition . 

  • Declaratory Theory: This theory is coined by Brierly, William Pit Cobbett. Follower of this theory, believe that state exists when it’s fulfill all the essential conditions of state. 

  • Modified Constitutive Theory:  There are two types–

  • Natural: State exists when it fulfills all the essential conditions.

  • Juridical:State exists when it recognised by other existing state. 

  • Modes of Recognition of State:

  • Express Recognition:  This recognition is made expressly by sending notification or publishing a statement. 

  • Implied Recognition: When an recognition is made by an implied act by an existing state. However , the implied recognition must not be ambiguous.

  • Conditional Recognition: When a new state state has all the essential of state but attached with some condition is called conditional recognition. 

  • Individual Recognition: The relationship between a recognizing state and a recognized state is individual recognition. 

  • Collective Recognition: When group of states gives recognition collectively is called collective recognition. 

  • De jure Recognition: De jure recognition is given to a new state by an existing to make it a international subject in international community. It is a legal recognition given only when a state acquires all the conditions of state. The withdrawal of de jure recognition is an exception and difficult.

  • De facto Recognition: It is a temporary form of recognition given to a government. The United Kingdom first gives de facto recognition to soviet government in 1921. The withdrawal of de facto recognition is easy and short process.

  • Recognition of Government:A state cannot exist without government. Thus, recognition of government is an important factor for a state. When a government forms in a ordinary political course, recognition is not required but if a government forms out of revolution then it is necessary to give recognition to that government. 

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