Lesson 13 Flashcards
What is required to become a sovereign state?
recognition by other states
What is State recognition?
an act by which existing States officially take notice of the existence of a new State and admit it as one of their peers
Circumstances in which the Recognition of States Arises?
1) Newly Independent States
2) Merge
3) Dissolution
4) Absorption and Extinction
5) Secession
Examples of Secession
Singapore from Malaysia (1965) or Eritrea from Ethiopia (1993)
Is there a duty to recognize a state?
no
Is there a right to be recognized as a state?
no
Are there cases where recognition is prohibited?
yes
What is the limit?
limit doctrine of non-recognition in case of violation of jus cogent norms
What are the two competing theories on recognition of states?
declaratory doctrine vs constitutive doctrine
What is the declaratory doctrine?
Either recognition is no more than a formal acceptance of the existing facts
What is the constitutive doctrine?
it is the act of recognition that creates the new state as an international legal person
Different forms of state recognition?
individual or collective or tacit or expressive.
How does collective recognition work?
Collective: an act of recognition through the international decision. Membership inthe UN is one of the criteria for gaining recognition in a collective form. However,member states are free to use their own will and t
hey are not bound by the decision of UN. They can decide as to whom to give recognition.
What is a state doing when it recognizes a government?
When a state recognizes a government, it acknowledges agroup of persons as
competent to act as an organ of the state in question and to
represent it in terms of international law.
What is the precondition for the recognition of government under international law?
its effective exercise of sovereign power (control of a substantial part of the territory and of the apparatus of administration).
