RECOGNITION

I.

Introduction

According to Article 1 of Montevideo Convention on the Rights & Duties

of State 1933, `the state as a person of International Law should possesses
the following qualification
1. Permanent population
2. A defined territory
3. Government
4. Capacity to enter into a relation with other states. `
But state becomes International person only after the recognition by other states.

II.

Meaning of Recognition

Recognition means `Acknowledgement` or the action of identifying a state is also

mean of recognition.

III.

Definition of Recognition

According to Oppenheim, `in recognizing a state as member of

International community, +the existing states declare that in their
opinion the new state fulfils the all conditions of statehood as required
by International Law.`
According to Kelson, the community, to be recognized as an
International Person must be politically organized , have controlled
over a definite territory which tends towards permanence and must be
independent.`
According to Shawarzenberger,
According to Fenwick,
Recognition as formal acknowledgment by the existing member of an
International community , of the international personality of a state or
Political group not hither to maintaining official relations with it

IV.

Different Subjects of Recognition

Recognition of state

Recognition of Government

Recognition of Belligerency

Recognition of Insurgency

V.

Theories of Recognition

Constructive Theory
Declaratory Theory

VI.

Modes of Recognition

I. Defecto Recognition
o Definition
o Effect
o Illustration
o Defecto recognition when can be withdrawn
Case Reference: National Bank of Ethiopia VS National Bank of Egypt
II. Dejure Recognition
o Definition
o Effect
o Illustration
o How can it be granted
Difference between Defecto and Dejure Recognition

Nature of Recognition

Control on the territory

Status

Withdrawal

Immunity of diplomats

III. Express Recognition

IV. Implied Recognition
V. Conditional Recognition
VI. Unilateral Recognition
VII. Collective

VII. Legal Effect of Recognition

Right to sue
Sovereign Immunity
Capacity to enter into treaty
Possess or successes property
Establish international obligation
Participation in international conference
Diplomatic relations
Rights under International Law

VIII. Disabilities of Non-Recognised States

IX.

No Right to sue
No Sovereign Immunity
No Capacity to enter into territory
No effective Control to Possess or successes property
Can not Establish International Organisation
Can not Participation in international conference
Diplomatic relations
Rights under International Law

Withdrawal of Recognition

Defacto Recognition
Recognition may be withdrawn on any of the ground as it is not permanent but
temporary
Dejure Recognition,
According to stark once recognition given cant be withdrawn, it is irrevocable even
though it is given out at first instance. Even a gesture as to termination of relationship
doesnt simply withdrawal of recognition.

X.

Conclusion