FORMS OF RECOGNITION OF
STATE
RECOGNITION
•
IDENTIFICATION OF SOMEONE, SOMETHING OR PERSON FROM PREVIOUS KNOWLEDGE
•
IN INTERNATIONAL LAW : RECOGNITION IS A PROCESS WHERE CERTAIN FACTS ARE ACCEPTED WITH CERTAIN LEGAL STATUS SUCH AS ,
__. DEFINED TERRITORY
__. A PERMANENT POPULATION
__. A GOVERNMENT
__. A CAPACITY TO ENTER INTO RELATION WITH OTHER STATES
KELSON:
1.
THE COMMUNITY MUST BE POLITICALLY ORGANIZED
2.
IT SHOULD HAVE CONTROL OVER A DEFINITE TERRITORY
3.
THIS DEFINITE CONTROL TENDS TOWARDS PERFORMANCE
4.
THE COMMUNITY THUS CONSTITUTED MUST BE INDEPENDENT
TYPES OF RECOGNITION
1.
.
DE FACTO
IT IS A PROCESS OF ACKNOWLEDGING A NEW STATE BY A NON COMMITTAL ACT
FEATURE:
•
DE FACTO RECOGNITION IS A PROVISIONALLY GRANT
•
IT IS THE FIRST STEP TO NEXT MODE OF RECOGNITION.
•
IT IS A TEMPORARY AND FACTUAL RECOGNITION AS A STATE
•
IT CAN BE EITHER BE CONDITIONAL OR WITHOUT ANY CONDITION.
•
A TEST OF CONTROL FOR NEWLY FORMED STATE
.
WHEN THE OTHER EXISTING COUNTRIES HAVE AN OPINION THAT THE NEW STATE DOES NOT HAVE ENOUGH CAPACITY. BUT THE NEW STATE HOLDS A SUFFICIENT
TERRITORY AND CONTROL OVER A PARTICULAR TERRITORY
. EG::_. THE SOVIET UNION WAS DE FACTO RECOGNIZED BY THE GOVERNMENT OF THE UK IN 1921
WHEN THE OTHER EXISTING COUNTRIES HAVE A OPTION THAT THE NEW STATE HAS ALL THE
LIGIBLE CAPACITY THEN SUCH STATE WILL BE RECOGNIZED BY DE JURE RECOGNITION
* IT IS RECEIVED WHEN THE NEWLY FORMED STATE ACQUIRES PERMANENT STABILITY AND
TEHOOD
DE JURE
* IT RECEIVES THE PERMANENT STATUS OF A NEWBORN STATE AS A SOVEREIGN STATE
G: THE SOVIET UNION WAS GIVEN DE JURE RECOGNITION. SOVIET UNION WAS IN 1924
N CONCLUSION, THERE IS NO DIFFERENCE BETWEEN DE FACTO AND DE JURE .IT IS FOR THE
TES TO GIVE EFFECT TO THE INTERNAL ACT OF RECOGNIZED AUTHORITY. THIS WAS HELD IN THE
SE LUTHER V SAGAR
EXPRESSED
• IF THERE IS RECOGNITION BY THE WAY OF ANY KIND OF ORAL OR WRITTEN
COMMUNICATION THEN IT IS KNOWN AS EXPRESSED RECOGNITION. IT CAN BE IN THE FORM
OF LETTERS ,NOTES , TELEGRAM ETC
• EG:: JAPAN RECOGNIZED KOREA VIA ARTICLE 12 OF PEACE OF TREATY ON 8TH SEPTEMBER
1951
• WHEN THE EXISTING STATE RECOGNIZED A NEW STATE THROUGH OFFICIAL DECLARATION OR
NOTIFICATION. IT IS CONSIDERED TO BE THE EXPRESSED FORM OF RECOGNITION
IMPLIED / IMPLICIT
• WHEN THE EXISTING STATE RECOGNIZED A NEWLY FORMED STATE THROUGH IMPLIED ACT
THEN IT IS CONSIDERED AS AN IMPLIED RECOGNITION
• IMPLIED RECOGNITION CAN BE RECEIVED THROUGH ANY IMPLIED MEANS BY WHICH A
CURRENT STATES THREATS THE NEWLY FORMED STATE AS AN INTERNATIONAL PERSON
CONDITIONAL
• CONDITION PUT BEFORE RECOGNITION .THAT IS TO RECOGNITION OF STATE THE EXISTING STATE PUT CERTAIN
CONDITIONS IN ORDER TO OBTAIN THE STATUS A SOVEREIGN STATE, IT IS KNOWN AS CONDITIONAL
RECOGNITION
• CONDITION AFTER RECOGNITION IS NOT VALID
•
CRITICISM
• IT IS CRITICIZED ON THE GROUND THAT RECOGNITION IS A LEGAL PROCEDURE AND NO ADDITIONAL
CONDITIONS SHOULD BE ATTACHED, OTHER THAN THE CONDITIONS RECOGNIZED BY LAW
• THE RECOGNIZED STATE, IF IT DOES NOT FULFILL THE CONDITION ATTACHED ,THE RECOGNITION IS NOT
DISQUALIFIED AND IT SHOULD BE STILL VALID
INDIVIDUAL
• RECOGNITION OF A STATE BY AN INDIVIDUAL STATE
• COLLECTIVE
• RECOGNITION OF A STATE BY GROUP OF STATE
• EG:: 5 ASIAN COUNTRIES RECOGNIZED COLUMBIA IN 18TH APRIL 1975
PREMATURE
• RECOGNITION GIVEN BEFORE EVEN COMPLETION OF REQUIREMENT OF STATEHOOD
• THAT IS ,WE KNOW A STATE IS FORMED BY A FEW CONDITIONS FULFILLED ,THAT IS
GOVERNMENT, TERRITORY ETC. NOW ANY STATE STILL NOT COMPLETING ALL SUCH
REQUIREMENTS. EVEN THEN THERE ARE RECOGNITION GIVEN TO THAT STATE. THEN IT IS
CALLED PREMATURE RECOGNITION
CONCLUSION
• THE RECOGNITION OF THE STATE IS AN ESSENTIAL PROCEDURE. SO IT CAN 3NJOY ALL THE
PRIVILEGES OF STATEHOOD COMMUNITY UNDER INTERNATIONAL LAW
• THE RECOGNITION BEING EITHER DE FACTO OR DE JURE ,IT PROVIDE RIGHTS, PRIVILEGES AND
OBLIGATION , WHEN A STATE GETS ITS DE FACTO RECOGNITION, THE RIGHT , PRIVI6 AND
OBLIGATION ARE LESS BUT WHEN IT IS RECOGNIZED DE JURE ,IT GETS ABSOLUTE RIGHTS,
LIABILITIES AND
• TH3 RECOGNITION OF THE STATE IS TOO MUCH POLITICALLY INFLUENCES ON THE
INTERNATIONAL PLATFORM