recognition
Recognition is a unilateral, largely political act. Two theories explain its effect. The constitutive theory says an entity becomes a State in international law only when recognised. The declaratory theory, now more widely accepted and reflected in Article 3 of the Montevideo Convention, 1933, says statehood depends on the facts (population, territory, government, capacity for relations) and recognition only acknowledges them.
Recognition may be de facto (provisional, where the new authority's control is not yet settled) or de jure (full and final); it may be express or implied, for example by entering into a bilateral treaty. Recognition of a government is different from recognition of a State. Many States, including India, now follow the practice of recognising States rather than governments. Within a State's courts, recognition decides whether a foreign entity can sue and claim immunity.
Example
Under the declaratory theory, the new State existed once it met the Montevideo criteria; recognition by India only acknowledged that fact.
In Indian law
- Article 3, Montevideo Convention on the Rights and Duties of States, 1933
- Luther v. Sagor (English Court of Appeal, 1921): effect of recognition in domestic courts
See also
sovereignty · state succession · de facto · de jure
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