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.