Recognition, De-facto and De-jure recognition

12:32 AM

Q What is  recognition. Differentiate between De-facto and De-jure recognition.

Ans Recognition of a state is the act by which another state acknowledges that the political entity recognized possesses the attributes of statehood. Fenwick also subscribes to the view that through recognition the members of the international community acknowledge that a new state has acquired international personality.
According to kelsen, a state to be recognized must have
(1) The community must be politically organized
(2) It should have control over a definite territory.
(3) The community must be independent.

Mode of recognition:
Recognition may be either expressed or implied. Express recognition takes place by formal indication or declaration. Implied recognition without directly expressing it.

Recognition is more a question of policy rather than law e.g Recognition of Israel and P.R.China. The great powers recognized Israel while its boundaries were not yet fully determined. The Peoples Republic of China was not recognized by several states for several years although many states had granted recognition to red China.
Recognition once given cannot be withdrawn. Recognition might be given individually by different states or by some collective international act. Recognition of a country is not affected by change of govt.

A De-facto recognition.
       It is extended where a govt. has not acquired sufficient stability. It is provisional (temporary or conditional0 recognition. It is not legal recognition. However, it is recognition in principle. Three conditions for giving de-facto recognition. (i) permanence (ii) the govt. commands popular support (iii) the govt. fulfills international obligations.

De-Jure Recognition.
     It is legal recognition. It means that the govt. recognized formally fulfills the requirement laid down by International law. De-jure recognition is complete and full and normal relations can be maintained.
       De-facto recognition of a state is a step towards de-jure recognition. Normally the existing states extend de-facto recognition to the new states or govts. It is after a long lapse of time when they find that there is stability in it that they grant de-jure recognition. Such practice is common among the states. The essential feaure of de-facto recognition is that it is provisional and liable to be withdrawn.

Legal effetcs of recognition.
The recognized state or Govt. acquires the capacity to enter into diplomatic relations and treaties. She acquires the right to suing in the courts of the recognizing state.  The state can claim immunity od diploatic representatives.

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