From the point
of view of legal effects, there is hardly any difference between de jure and de
facto recognition of a State, for the retroactivity of de jure recognition
dates back to its de facto recognition. But as against a de facto Government, a
de jure Government retains title in control of property situated abroad.
De facto
Governments enjoy the same immunities from suit as De Jure governments. But
diplomatic countries and representation are usually not accorded to de facto
governments except in extraordinary circumstances occurring in time of war.
Distinction/
Difference between De Jure Recognition and De facto Recognition:
No
|
De
Jure Recognition
|
De
facto Recognition
|
1
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De Jure is a legal recognition.
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De facto is factual Recognition
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2
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De jure Recognition relates to a process contemplated by law.
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De facto is not a process of law but based on factual situation.
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3
|
De Jure is permanent recognition and cannot be
withdrawn.
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De fact is not permanent it is temporary,
provisional recognition, which can be withdrawn.
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4
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It is a matter of right to claim recognition.
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It makes reference to actual occupation and possession.
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5
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According to British practice , three conditions
are required as precedent to the grant of de Jure recognition of a new state
of a government, viz,
A). a
reasonable assurance of stability and permanence;
B). the
Government commands the general support of the population; and
C). it is able and willing to fulfill its
international obligations.
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According to Lauterpacht, de facto recognition is
desire to enter relations with the regime in power but for the time being
without the usual diplomatic courtesies.
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6
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De Jure recognition is conferred generally after conferring de
facto recognition, or when a particular state is in power a under government.
If this continues for a certain period proving its stability and support from
the people and their willingness to enter into an agreement, then this state
is De Jure recognized
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This is conferred with a view of protecting interest of the state
having the actual possession of the territory.
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Great ideas and explanations it remembers me our genious Lecturer's face to face teaching!
ReplyDeleteThank you so much!!!