Recognition:
Recognition is the process whereby a political community acquired membership of family of nations. (See in detail What is Recognition of a State? ) There are two main theories of recognition constitutive theory and declarative theory but none of them is perfect everything has its merits and demerits there are certain legal effects of recognition and also consequences of unrecognition.
Forms of Recognition
1) Express or Implied Recognition
2) Conditional Recognition
3) Individual or Collective Recognition
4) De facto and De jure Recognition
1) Express or Implied Recognition:
Recognition may be express or implied.
Express recognition:
Express recognition is accorded by some formal declaration. It is a direct or overt act, open act of Recognition when there is express agreement or treaty. When the recognizing state recognizes to be recognized State, it is formal declaration whereby a State announces its intention of recognition. The Statehood is confirmed by this process.
Implied recognition:
Implied recognition is an indirect mode of recognition.It is a Inferred or concluded recognition. It is by the conduct of State, which is short of Express recognition. There can be some inferences drawn. There is no contract no agreement, or treaty even though the recognition is conferred and confirmed by recognized state by entering into a consequential relationship. for example as to sending a delegation, attending conferences, convention and meetings then the consequences is that the participates are recognized to each other. thus the recognition is concluded.
2) Conditional Recognition:
States are also recognized sometimes subject to some condition. The Berlin Congress of 1878 recognized the States of Bulgaria, Romania, Serbia and Montenegro on the condition that they did not impose any religious disabilities on any of their subjects.
3) Individual or Collective Recognition:
Individual recognition-
Individual recognition is when a State is recognized by an individual State it is said to be individual recognition. This is a relationship between recognizing State and to be a recognized State only. Usually, it is done by bilateral treaty.
Collective recognition -
Collective recognition when a State is recognized by a group of states and accepted the statehood of the recognized state is said to be collective recognition, which is usually done by multilateral treaty, convention, conferences, and meetings. Example - confirming membership of United Nations Organisation
4) De facto and De jure Recognition:
Diplomates Distinguish between De facto and De jure Recognition
De facto Recognition:
De facto is factual Recognition. It is not a process of law but based on the factual situation. De fact is not permanent it is temporary, provisional recognition, which can be withdrawn.It makes reference to actual occupation and possession.
According to Lauterpacht, De facto recognition is an expression of the desire to enter relations with the regime in power but for the time being without the usual diplomatic courtesies.
De jure Recognition:
De Jure is a legal recognition. It relates to a process contemplated by law. De Jure is permanent recognition and cannot be withdrawn. It is a matter of right to claim recognition. Three conditions are required as precedent to the grant of De jure recognition of a new State or a Government.
(1) a reasonable Assurance of stability and performance.
(2) the government commands the general support of the population; and
(3) It is able and willing to fulfill its International obligations
De Jure recognition is conferred generally after conferring de facto recognition, or when a particular state is in power 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
See also
1) Asylum
2) Definitions of 'Sources of International Law
3) What are Basic Purpose and Principles of United Nations?
4) Types / Kinds of Asylum
5) Some Important Definitions of International Law
Recognition is the process whereby a political community acquired membership of family of nations. (See in detail What is Recognition of a State? ) There are two main theories of recognition constitutive theory and declarative theory but none of them is perfect everything has its merits and demerits there are certain legal effects of recognition and also consequences of unrecognition.
Forms of Recognition
1) Express or Implied Recognition
2) Conditional Recognition
3) Individual or Collective Recognition
4) De facto and De jure Recognition
1) Express or Implied Recognition:
Recognition may be express or implied.
Express recognition:
Express recognition is accorded by some formal declaration. It is a direct or overt act, open act of Recognition when there is express agreement or treaty. When the recognizing state recognizes to be recognized State, it is formal declaration whereby a State announces its intention of recognition. The Statehood is confirmed by this process.
Implied recognition:
Implied recognition is an indirect mode of recognition.It is a Inferred or concluded recognition. It is by the conduct of State, which is short of Express recognition. There can be some inferences drawn. There is no contract no agreement, or treaty even though the recognition is conferred and confirmed by recognized state by entering into a consequential relationship. for example as to sending a delegation, attending conferences, convention and meetings then the consequences is that the participates are recognized to each other. thus the recognition is concluded.
2) Conditional Recognition:
States are also recognized sometimes subject to some condition. The Berlin Congress of 1878 recognized the States of Bulgaria, Romania, Serbia and Montenegro on the condition that they did not impose any religious disabilities on any of their subjects.
3) Individual or Collective Recognition:
Individual recognition-
Individual recognition is when a State is recognized by an individual State it is said to be individual recognition. This is a relationship between recognizing State and to be a recognized State only. Usually, it is done by bilateral treaty.
Collective recognition -
Collective recognition when a State is recognized by a group of states and accepted the statehood of the recognized state is said to be collective recognition, which is usually done by multilateral treaty, convention, conferences, and meetings. Example - confirming membership of United Nations Organisation
4) De facto and De jure Recognition:
Diplomates Distinguish between De facto and De jure Recognition
De facto Recognition:
De facto is factual Recognition. It is not a process of law but based on the factual situation. De fact is not permanent it is temporary, provisional recognition, which can be withdrawn.It makes reference to actual occupation and possession.
According to Lauterpacht, De facto recognition is an expression of the desire to enter relations with the regime in power but for the time being without the usual diplomatic courtesies.
De jure Recognition:
De Jure is a legal recognition. It relates to a process contemplated by law. De Jure is permanent recognition and cannot be withdrawn. It is a matter of right to claim recognition. Three conditions are required as precedent to the grant of De jure recognition of a new State or a Government.
(1) a reasonable Assurance of stability and performance.
(2) the government commands the general support of the population; and
(3) It is able and willing to fulfill its International obligations
De Jure recognition is conferred generally after conferring de facto recognition, or when a particular state is in power 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
1) Asylum
2) Definitions of 'Sources of International Law
3) What are Basic Purpose and Principles of United Nations?
4) Types / Kinds of Asylum
5) Some Important Definitions of International Law
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