Skip to main content

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. 

  • GovernmentGovernment 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 TheoryThis 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 RecognitionIt 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. 

Top of Form


Comments

Popular posts from this blog

VIRTUAL INTERNSHIP PROGRAMME BY LEXIS AND COMPANY

  VIRTUAL INTERNSHIP PROGRAMME BY LEXIS AND COMPANY. VIRTUAL INTERNSHIP PROGRAMME BY LEXIS AND COMPANY. (PLEASE READ THE DETAILS CAREFULLY BEFORE APPLYING). KINDLY READ THE FULL DETAILS AND DESCRIPTION VERY CAREFULLY BEFORE APPLYING OR DURING FILLING UP THE REGISTRATION FORM, SO THAT YOU AVOID ASKING UNWANTED QUESTION FOR WHICH THE DETAILS ARE ALREADY GIVEN IN THE FORM. KINDLY SEND THE FOLLOWING DETAILS IN THE GROUP OR DM AFTER FILING THE REGISTRATION FORM OR IN CASE YOU ARE NOT ABLE TO JOIN THE GROUP THEN SEND IT ON OUR OFFICIAL WHATS APP NUMBER IN DM: NAME: PREFERRED MONTH OF INTERNSHIP: PREFERRED DATE FROM WHICH YOU WANT TO START THE INTERNSHIP: PREFERRED MODULE IN WHICH YOU WANT TO JOIN AS SELECTED BY YOU: LAC-VIP – An initiative of Lexis and Company At LAC our motto is to strive for legal excellence, by assuring (instead of making sure) that all the demands of our clients are fulfilled as per their convenience and that they leave fully satisfied from the services we provide. At Le

URGENT HIRING FOR JUNIOR ASSOCIATE - LEGAL (LEVEL - 1)

  Junior Associates - Legal (LEVEL - 1) --- PLEASE READ THE COMPLETE JOB DESCRIPTION BEFORE APPLYING ---   Urgent Hiring for: LAW STUDENTS. Position: Junior Associates - Legal (LEVEL - 1) Department: Legal. Firm Name: LEXIS AND COMPANY – LAW FIRM. Location: Janakpuri, New Delhi. CTC: RS 5000/- Per Month. (First three months the associate will be on probation and training, and during this period no salary or stipend will be paid, after 3 months of regular service upon meeting the required number of working days and performance evaluation, the associates will be eligible for this pay band.) Additional Allowance: All official expenses including travelling allowance for official purposes will be paid from the day 1 of the service with the firm.   We are urgently looking for Law Students for the position of Junior Associates - Legal (LEVEL - 1) for our Law Firm in Janakpuri, New Delhi.   Eligibility: Mandatory Qualification: Any Law Students of 3 Years or 5 Years Law/LLB progra

HIRING FOR PHYSICAL INTERNSHIP PROGRAMME (LAC-PIP) AT LEXIS AND COMPANY - LAW FIRM

    WE ARE URGENTLY LOOKING FOR LAW STUDENTS, OR NEWLY ENROLLED ADVOCATES FOR  PHYSICAL INTERNSHIP PROGRAMME  AT OUR LAW FIRM IN JANAKPURI, NEW DELHI. PHYSICAL INTERNSHIP PROGRAMME BY LEXIS AND COMPANY LAW FIRM IS A UNIQUE AND CUSTOMIZED LEGAL TRAINING PROGRAMME FOR LAW STUDENTS AND ADVOCATES WHO WANTS TO BUILD THEIR CAREER IN LITIGATION AS AN INDIVIDUAL PRACTITIONER OR JOIN ANY CORPORATE LAW FIRM. (PLEASE READ THE DETAILS CAREFULLY BEFORE APPLYING).  CANDIDATES WHO ARE READY TO WORK PHYSICALLY AT OUR OFFICE IN JANAKPURI, NEW DELHI, SHOULD ONLY APPLY. CANDIDATE LOOKING FOR ONLINE JOB OR WORK FROM HOME JOB OR FREELANCE JOB OR PART TIME JOB SHOULD APPLY FOR OUR VIRTUAL INTERNSHIP PROGRAMME. QUALIFICATIONS: CANDIDATE WHO ARE EITHER LAW STUDENTS OR NEWLY ENROLLED AS AN ADVOCATE LOOKING TO LEARN AS A BEGINNER SHOULD ONLY APPLY. WORKING DAYS: MONDAY TO SATURDAY, 9:00 AM TO 06:00 PM. (PHYSICAL ONSITE) THIS JOB IS MORE OF A LEARNING OPPORTUNITY ONLY FOR LAW STUDENTS AND NEWLY ENROLLED ADVOCATE