According to International Law, Recognition is the formal acknowledgment of the status

of an independent State by other existing states. Eery State has to hae some essential
features, called attributes of statehood, in order for other States to recogni!e the State as
independent. States are considered as the principal persons in International Law. "he
recognition of a state is often a political act of a state. Recognition is not a conclusie
proof of the existence of the state.
#ontents $hide% & "heories of Recognition &.& #onstitutie "heory &.' (eclaratie
"heory or Eidentiary "heory ' )orms of Recognition * +odes of Recognition *.& (e
)acto Recognition *.' (e ,ure Recognition *.* Related #ase Laws - See Also
"heories of Recognition
Recognition of a State is more of a political concept than a legal concept because there
are no specific rules for recognition of a State. "here are two popular theories laid down
for the purpose of understanding the nature of recognition. #onstitutie "heory
(eclaratie or Eidentiary "heory
#onstitutie "heory According to this theory, recognition is a necessary condition for
statehood and personality. It is a process by which a political community ac/uires
personality and becomes a member of the family of nations. A State comes into
existence through recognition only and exclusiely. Examples. 0oland and
#!echosloakia were recogni!ed by the instrumentality of the "reaty of 1ersailles.
2ermany was diided into two parts after the 3orld 3ar II by a treaty 4orea was
diided into two parts (isadantages of the theory Recognition is political and
diplomatic but not legal. "his theory imposes an obligation on all member states to
recogni!e a State. 0ractically, no states wants to do something on obligation. "here is no
law the obliges established states to recogni!e new States. Recognition of a State can be
done by few States and others might refuse. According to this theory, the recognition
should be done by all the States. 0alestine is recogni!ed as country by 56 nations
thought it does not hae a definite territory, population and a definite 2oernment.
Isreal is formed in &7-8 by the 9nited :ations ;rgani!ation. 3ithin few hours, many
countries too recogni!ed it. <oweer, India recogni!ed it in &77'.
(eclaratie "heory or Eidentiary "heory "his theory states that declaration is a mere
formality and has no legal effect as the existence of a State is a mere /uestion of fact.
Eery new state becomes a member of the family of nations ipso facto by its coming
into existence. Recognition only proides the eidence to this fact. "his theory says
recognition is not important.
(isadantages "he theory fails to explain legal rights and conse/uent of a recogni!ed
state. Example. "aiwan is a democratic country and is ad=oining areas where #hinese
territory. ;nly few countries recogni!e "aiwan yet it had business dealings with almost
eery country.
)orms of Recognition
Express Recognition An existing state recogni!es another state by releasing a public
statement by way of notification or a declaration announcing the intention of
recognition 2rant is expressed in written words Implied Recognition (oes not release a
formal state but recogni!es the state by some acts which imply that the state is being
recogni!ed. 9nilateral Acts State entering into bilateral treaty establishes diplomatic
relations with an unrecogni!ed state. #ollectie Acts A new state is recogni!ed
collectiely by the existing states.
+odes of Recognition
"here are two important modes of recognition. (e )acto Recognition (e ,ure
Recognition
(e )acto Recognition "his is a proision recognition and not a permanent one. i.e it can
be withdrawn by other States at any time. It is the first step towards becoming a
recogni!ed country. Recognition is only by fact and not legal. State may hae more than
one 2oernments. :o exchange of diplomatic representaties takes places. State
succession might not happen. +ere de facto recognition is not sufficient to get 9:
membership. Example. Israel, >angladesh, "aiwan, Sahawi Arab Republic etc.
(e ,ure Recognition "his is a permanent recognition which one granted cannot be taken
back or withdrawn by other States. It is regal and rightful. State will hae only one
2oernments. Exchange of diplomatic representaties takes places. State succession
happens smoothly. de =ure recognition by ma=ority states his essential for 9:
membership.