Consequences of Recognition of a State

1) Recognition Meaning:

         Recognition is the status of Political Community. Constitutive and declarative are the two main theories of recognition but none of them is perfect. Each theory has its Merit and demerits. There are certain legal effects of recognition and also consequences of non-recognition. 

(See in detail... What is Recognition)

       There are two Theories of Recognition 1) Constitutive theory and 2) Declaratory theory.  Constitutive theory is propounded and supported by Hegel, Anzilotti, Oppenheim, and Holland whereas Declaratory Theory is Propounded by Hall, Pitt Cobbett, Wanger, Brierly, and Fisher.  

2) Definitions of Recognition 

     Recognition can be defined as a formal acknowledgment by an existing member of the International Community of the International personality of a State.

According to Jessup “Recognition of State is the act by which another State acknowledges that the political entity recognized to possess the attribution of Statehood.

3) Consequences of Recognition of a State.          

• 1. Recognized State acquires the capacity to enter into diplomatic relations with other States and to make treaties with them  

• 2. Recognized State acquires for itself and its property immunity from the jurisdiction of the Courts of law of the State recognizing it.

• 3. Recognized State also becomes entitled to demand and receive possession of property situate within the jurisdiction of a recognizing State.    

• 4. Recognized State acquires the right, which it did not previously possess of suing in the court of law the recognizing State.  

See also 

1) Sources of International law

2) Distinction between Nationality and Citizenship

3) Subsidiary Sources of International Law

4) Sources of International law

5) Distinction between Nationality and Citizenship