Recognation of State in International Law with short explanation

Meaning and Defination of the term Recognition

According to Prof. G.Schwarzenberger “The growth of international law is best understood as an expanding process from a nucleus of entities which have accepted each other’s negative sovereignty and on the basis of consent , are prepared to maintain and possibly expand the scope of their legal relations.
According to Kelsen, a community to be recognized as an international person must fulfil the following condition:
(1) The community must be politically organised;
(2) It should have control over a definite territory;
(3) This definite control should tend towards permanence; and
(4) The community thus constituted must be independent. Thus the conditions of a Statehood are (a) People: (b) a territory; (c) government ; and (d) Sovereignty .
“Recognition of a State in an act by which another State acknowledge that the political entity Recognized possesses the attributes of Statehood.

Theories of Recognition

There are two main theories of recognation :
(1) Constitutive theory: According to this theory recognation clothes the Recognized state with right and duties under International law. Recognation is a process through which a political community acquires international personality by becoming a member of family of nation. Heel, Anzilloti, Oppenheim are supported constitutive theory.
(2) Declarative Theory: According to this theory a State comes into existen ve in International Law as soon as it acquires all the attributes of Statehood. By having all the attributes, an entity existe in fact. Recognation by other States supplies the evidence of this fact. The Act of recognation is therefore declaration of an existen fact that an entity possesses the essential attributes of statehood. This theory has been advocated by Hall, Brierly and Fisher. This theory appeared yo be better than the constitutive theory.

Forms of Recognation

A State may be Recognized in two ways. They are: They are: express recognation and implied recognation.
(1) Express Recognation
When an existing State Recognizes the new State by a notification or declaration, announcing the intention of recognation, the recognation is said to be express.
(2) Implied Recognation
When the existing States do not male formal declaration as to recognation of a new State, but at the same time they indicate their intention to recognation the new State by some acts, it amount to recognation . Montevideo Covention of 1933 under Article 7 states that the tasvir or implied recognition results from any act which implies the intention of recognizing the new State.