State recognition under the International Legal System can be described as ‘the formal acknowledgment or approval by the established states of the international community of a new state as an international personality.’ It is the acceptance by the existing state that a political entity has the features of statehood. According to Phillip Jessup states that it means that an existing State acknowledges the political entity of another State through overt or covert acts but it is neither a contractual arrangement nor a political concession.
THEORIES OF RECOGNITION
According to this theory a State is to be recognized as an international person, its recognition as a sovereign obligation by the existing States. This theory is of the opinion that only after recognition can a State obtains the status of an international individual and become a subject of international law. Therefore, even though an entity has all the features of a State, it does not obtain the status of a foreign citizen until it is recognized by the established States. This principle does not mean that a State does not exist until it is accepted, but according to this principle, a State only acquires exclusive rights and responsibilities and is subject to international law after it has been recognized by others.
Criticism – This argument is rejected because, under international law, it is not applicable to it unless a state is recognized by other established states, privileges, duties, and obligations of the statehood group.
The concept also leads to uncertainty when some of the current States accept and acknowledge a new state and other states do not accept it.
It is also Known as Evidentiary Theory. According to this theory, any new State is independent of the approval of existing States. This principle was laid down in Article 3 of the Montevideo Conference of 1933. This principle notes that the presence of a new State does not depend on an existing State being accepted. Thus before other states accept it, the new State has the right under international law to protect its dignity and freedom, to legislate upon its interests, administer its services, and to define the competence of its courts and its jurisdiction.
Criticism – Often criticized was the declaratory principle of statehood. This theory was questioned on the ground that the legitimacy of a state cannot be attributed to this theory alone. When a State with essential characteristics comes into being as a State, it may exercise foreign rights and obligations, and here comes the application of declaratory theory, but when other States accept its existence and the State obtains the legal rights of recognition, the consequent theory comes into play. Because there is independence.
LEGAL EFFECTS OF RECOGNITION:
It is gaining the capacity to engage in diplomatic relations with other states.
- It gains the capacity to conclude treaties with other nations.
- The State will take advantage of the rights and privileges of international statehood.
- The state can be subjected to State succession.
- The right to sue and be sued comes with State recognition.
- The State will become a member of the United Nations.
Modes of Recognition:
- De-facto recognition: it is a temporary recognition as a state, with or without condition. It is granted when a new state has sufficient control over a particular territory and territory but lacks stability. They cannot be members of the UN. There are conditions on which it dependent because of which it is less in degree of recognition.
Eg. Bangladesh, Israel.
- De-jure recognition: it is a permanent status and recognition as a state. It is granted when an entity has fulfilled all the essentials of a valid state but also has stability. In the case of Luther v. Sagor, it was held in this case that there is no distinction between de facto and de jure for the purpose of giving effect to the internal acts of the recognized authority which means that once a government has been recognized all its acts are granted as valid even those done before recognition.
The process of recognizing a state is required in order for the state to enjoy the rights and benefits afforded to independent communities under international law. The modes of recognition that grant rights, privileges, and duties are both De Facto and De Jure. There are countless examples of powerful governments making it difficult to recognize a newly formed state. If any State fails to meet the standards for being a sovereign state, this might be cancelled. De Jure recognition can be awarded directly to the State; De Facto recognition is not required, even though it is seen as the first step in achieving De Jure recognition.
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