1) Introduction:

            In the world number of states is not fixed and it is ever changing. Due to passage of time, old State disappear or unite with other states to form a new state or disintegrate and split into several new states; or former colonial or vassal territories may, by a process of emancipation themselves attain statehood. It is the process by which a political community acquires personality in International Law by becoming a member of the family of Nations. Only by Recognition State becomes a participant.


2) Requirements of Statehood

             There is no fixed or commonly agreed that what is the minimum requirement of Statehood for the existence of State. According to Montevideo Convention, the minimum requirements of Statehood are as follows:

(1) Permanent Population


(2) Well Organised Government


(3) Definite or Fixed Territory


(4) Capacity to enter into a relationship or an agreement with other States.

            According to Kelsen, a community to be recognised as an international person must fulfills some conditions such as the community must be political organization, it should have control over a definite territory, this control tends towards permanence and community thus constituted must be independent. But International Law does not provide as to how those essential conditions are to be determined.

3) Definitions of  Recognition:

             Recognition can be defined as formal acknowledgement by an existing member of the international community of the international personality of a State or political group not hitherto maintaining official relations with it
    

a) J. Jessup:

          According to J. Jessup, it is a political community acquiring or satisfying the requirements of statehood,  qualifying itself to be the member of international community.
 

b) Professor Oppenheim:

          "In recognising state as a member of the International community the existing state declares that in their opinion the new state fulfils the conditions of statehood as required by international law.


         There are two main Theories of Recognition. viz Constitutive theory and Declaratory Theory or Evidentiary theory.


4) Consequences of Recognition


Legal effects of Recognition are as follows

(1) Recognised State acquires the capacity to enter into diplomatic relations with other states and to make treaties with them.

(2) The recognised State becomes entitled to sue in the Court of recognising States.

(3) The Court of recognising States give effect to the past as well as present legislation and executive acts of the recognised State.

(4) Recognised State becomes entitled to demand and receive possession of property situate within the jurisdiction of a recognised State.

(5) In regard to property and diplomatic relations, the recognised state can claim certain immunity.

(6) The diplomatic representatives of the recognised State get number of privileges and immunity in the recognising State.


5) Consequences of Unrecognised States

1) An unrecognised State cannot sue in the court of a State which has not accorded recognition to it.

2) The unrecognised State, its representatives cannot claim immunity from legal process in a Foreign State.


3) Unrecognised State does not require the capacity to enter into diplomatic relations with other States and to make treaties with them.

4) Property due to an unrecognised State May actually be recovered by the representatives of the overthrown regime.




See also

1) Definition and Kinds of Sources of Law

2) Functions of International Law

3) Subsidiary Sources of International Law

4) Sources of International law

5) Distinction between Nationality and Citizenship


0 comments:

Post a Comment

See Also..