Recognition of State and Government

 Recognition of the states refer to the formal acknowledgement by other states and international organizations that a political entity possesses the necessary attributes of statehood such as a defined territory, a government and ability to conduct relations with other states. State recognition is an important aspect of international law and politics because it establishes a state’s legitimacy and can affect its ability to participate in international affairs.

State recognition can be either de facto or de jure. De facto recognition occurs when states establish relations with a political that possesses the attributes of statehood but without necessarily recognition its sovereignty. De jure recognition, on the other hand, refers to the formal recognition of a state’s sovereignty and independence by other states.  

The process of state recognition can be complex and politically sensitive. Some states may choose to withhold recognition for various reasons such as concerns about the legitimacy of the government. 

Thus, recognition is concerned with the approval of newly emerged state or government by already existing state on the basis of international law.

Constitutive Theory: New states cannot automatically become members of international community it is recognition which create their membership. Recognition is alone which creates statehood of newly emerged state. Under this theory, recognition plays a vital role in the maintenance of public order within the international community. The incidence of recognition is pivotal and indeed essential to the existence of a state or government. Main exponents of this theory are- Hegel, Oppenheim, Anzilotti, Holland, Lautarpacht etc.

Declaratory Theory: International recognition does not create new subject of international law. Statehood or authority of new government exists as such prior to and act of recognition is merely formal acknowledgement of an established situation of fact. It states that declaration is mere formality and has no legal effect as the existence of a state is a mere question of fact. Every new state becomes a member of the family of nations by its already existing facts. Under this theory the act of recognition is merely declaratory of an existing fact that the particular state or government possesses the essential attributes of statehood as required by international law. Chief exponents of this theory are- Hall, Wagner, Brierly, Pitt Cobbet, Fisher etc.

Facultative Theory: This is the theory developed in Latin America. According to this theory recognition is the wish of the states and their existing no binding rules of recognition in international law. It argues that recognition is a political act and not legal. State may recognize a new state without the necessary statehood or not to recognize with all the requirements of statehood. Followings are main exponents of the regional doctrine under this theory:

Tobar (Carlos Rodolfo Tobar, foreign minister of Ecuador 1911) Non-recognition of a government that has seized power after an internal coup.

Stimson (Henry Stimson, US foreign secretary, 1931) Non-recognition to territories acquired by the violation of international law.

Estrada (Genaro Estrada, Mexican foreign minister, 1930) States have continuous existence whereas governments do not. Every state is important to recognize in the ground of fact and situation.

Hallestein (German secretary, 1955) Recognition should not be given to two ideologically opposite states.

Recognition of state: It refers to recognition of the existence of a state that is not already but wishes to be a member of international community. When a state comes into existence as a result of merger, separation, decolonization etc. then the question of recognition arises. In this moment, existing states are confused with the problem of deciding whether or not to recognize the new state. They have to face difficulty when a new state is emerged by merging or separation but not problem in recognition when the new state is former dependency or trust territory. eg. newly independent state of Asia and Africa after the end of second world war. Generally existing recognizing states feel a new state should fulfill the conditions of statehood, should be capable observing of obligations of international law and should possess personality becoming a member of international community can grant de-jure recognition and if they do not feel so can grant de-facto recognition. Recognition is an essential element for a new state to achieve international personality and membership of international community. It is also necessary to be strong internally and externally.

 Recognition of government: Recognition of state and recognition of government is different phenomena. State is permanent subject once times' recognition is sufficient for ever and government is provisional composed for fixed term. For instance, when Taliban were ruling in Afghanistan most of the countries of the world did not support the government of Taliban but the recognition of Afghanistan has no any question. Government may come and go, it just represents the state for the time being. Recognition of the government is not needed if the new government has come by normal constitutional process. Only when a government is changed unconstitutionally the question of recognition comes. Political consideration plays a great role in the recognition of the new government eg. the recognition of Kosovo by EU and USA even before its government had complete control over all territory. Non-recognition does not affect the legal character of the new government if it establishes strong control, eg. China, Soviet union, Bangladesh, Pakistan etc.

Though, recognition of new government depends upon political consideration, some criteria are practiced internationally such as- -ability and interest to bear international obligations, -prospects of political stability, -support of general public, -effective control on its territories, -respect for UN charter, rule of law, democracy, human rights. In recent years, for the recognition of state and government some criteria have been developed and also observed such as- -guarantee of ethnic and minority rights, -follow the common agreement in decisions, -respect to disarmament and regional stability, -commitment to settle disputes by peaceful means.