Ques-In detail expalin why recognition of a state is an importance of international law and

how recognition effects the status of a state.

Recognition of state
Recognition of state under the International Legal System can be defined as “the formal
acknowledgement or acceptance of a new state as an international personality by the
existing States of the International community”.It the acknowledgement by the existing
state that a political entity has the characteristics of statehood.

Principles of the Recognition of States.

To recognize a community as a State is to declare that it fulfils the conditions of statehood as

required by international law. If these conditions are present, existing States are under the
duty to grant recognition. In the absence of an international organ competent to ascertain and
authoritatively to declare the presence of requirements of full international personality, States
already established fulfill that function in their capacity as organs of international law. In thus
acting they administer the law of nations. This rule of law signifies that in granting or
withholding recognition States do not claim and are not entitled to serve exclusively the
interests of their national policy and convenience regardless of the principles of international
law in the matter. Although recognition is thus declaratory of an existing fact, such
declaration, made in the impartial fulfillment of a legal duty, is constitutive, as between the
recognizing State and the new community, of international rights and duties associated with
full statehood. Prior to recognition such rights and obligations exist only to the extent to
which they have been expressly conceded or legitimately asserted by reference to compelling
rules of humanity and justice, either by the existing members of international society or by
the community claiming recognition., These principles are believed to have been accepted by
the preponderant practice of States. They are also considered to represent rules of conduct
most consistent with the fundamental requirements of international law conceived as a system
of law . However, while followed in practice with some regularity, they cannot be regarded as
having been uniformly acted upon or clearly perceived by governments. Neither have they
secured the assent of the majority of writers on the subject.
 legal effects of recognition:

i. Recognized State becomes entitled to sue in the courts of the recognizing State.
ii. Recognized State is entitled to sovereign immunity for itself as well as its property in
the courts of recognizing State.
iii. Recognized State is entitled succession and possession of property situated in the
territory of the recognizing State.
iv. Recognized State may enter into diplomatic and treaty relationships with the
recognizing State (de jure recognition).
v. Recognizing State gives effect to past legislative and executive acts of recognized
State (retroactivity of recognition).
However, non-recognition of a State does not mean that the new entity will be devoid of legal
effects in relation to the non-recognizing States. General international rules or treaties on the
co-ordination of States such as the norms on the high seas or respect for territorial or political
sovereignty, etc. do apply to the relationship between the new State and all other members of
the international community. Thus, a non-recognized State is immune from the jurisdiction of
the courts of the State which did not recognize it.

However, non-recognition has no effect before international courts or tribunals (Tinocco

Concessions Case). In Great Britain -Costa Rica Arbitration (Tinocco Concessions Case)
(1923 UN Rep (1)), evidence clearly disclosed that Tinocco regime had in fact governed
Costa Rica for two years. Non recognition cannot outweigh the evidence as to de facto
character of Tinocco government. In reply to Costa Rica's contention that Tinocco
government could not be considered a de facto government since it was not established in
accord with the Constitution of Costa Rica, it was said that recognition was to be determined
by enquiry into a government's de facto sovereignty and complete governmental control and
not into its illegitimacy or irregularity of its origin.

Shyamli Shukla - 7082

B.A.,LL.B(Hons.)
VIII - B