Recognition of States under International Law

Recognition is the formal acknowledgment by one state of the existence of another entity as a state or government.

It confirms that the recognized entity meets the criteria of statehood and can participate in international relations.

Recognition may be express (formal declaration) or implied (conduct indicating acknowledgment).

According to the Montevideo Convention (1933), a widely accepted standard, a state should have:

Permanent population — a stable community of people

Defined territory — clearly established borders

Government — an effective political authority

Capacity to enter into relations with other states — independent foreign policy

De jure recognition: Full and formal recognition of a state or government as lawful.

De facto recognition: Acknowledgment of an entity’s control and authority in practice, without full legal recognition.

Collective recognition: Recognition granted by an international organization or group of states.

Conditional recognition: Recognition based on certain conditions or agreements.

Constitutive theory: A state exists as a subject of international law only when recognized by other states.

Declaratory theory: Statehood exists independently of recognition; recognition merely acknowledges an existing fact.

International law generally supports the declaratory theory, but recognition remains important for practical relations.

Recognition can be of:

A state (entity with territory, population, government)

A government (authority controlling the state apparatus)

A government may be recognized without recognizing the state as new, especially in cases of regime change.

Permits diplomatic relations, treaty-making, and membership in international organizations.

Recognized states can claim sovereign immunity.

Recognition may affect rights and obligations, including treaties and property rights.

Lack of recognition can limit international interaction but does not necessarily mean lack of statehood.

States may withdraw recognition, but this is controversial and can cause disputes.

Withdrawal usually occurs when the recognized entity loses effective control or legitimacy.

Taiwan: Has statehood criteria but limited recognition.

Kosovo: Partial recognition; contested by Serbia and others.

South Sudan: Recognized after independence in 2011.

Israel: Recognized by many but not by some states.

Admission to the UN requires recommendation of the Security Council and approval by the General Assembly.

UN membership is a strong indicator of widespread international recognition.

Aspect	Description
Recognition	Formal acknowledgment of statehood
Statehood Criteria	Permanent population, territory, government, foreign relations
Recognition Types	De jure, de facto, collective, conditional
Theories	Constitutive (recognition creates state), Declaratory (state exists independently)
Effects	Enables diplomatic relations, treaty-making, immunity

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