From the point of view of legal effects, there is hardly any difference between de jure and de facto recognition of a State, for the retroactivity of de jure recognition dates back to its de facto recognition. But as against a de facto Government, a de jure Government retains title in control of property situated abroad. 

          De facto Governments enjoy the same immunities from suit as De Jure governments. But diplomatic countries and representation are usually not accorded to de facto governments except in extraordinary circumstances occurring in time of war.


Distinction/ Difference between De Jure Recognition and De facto Recognition: 


No

De Jure Recognition

De facto Recognition


1


De Jure is a legal recognition.

De facto is factual Recognition

2

De jure Recognition relates to a process contemplated by law.


De facto is not a process of law but based on factual situation.


3

De Jure is permanent recognition and cannot be withdrawn.


De fact is not permanent it is temporary, provisional recognition, which can be withdrawn.

4

It is a matter of right to claim recognition.

It makes reference to actual occupation and possession.



5

According to British practice , three conditions are required as precedent to the grant of de Jure recognition of a new state of a government, viz,

  A). a reasonable assurance of stability and permanence;

B). the  Government commands the general support of the population; and


C). it is able and willing to fulfill its international obligations.  


According to Lauterpacht, de facto recognition is desire to enter relations with the regime in power but for the time being without the usual diplomatic courtesies.





6


De Jure recognition is conferred generally after conferring de facto recognition, or when a particular state is in power a 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




This is conferred with a view of protecting interest of the state having the actual possession of the territory.

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