De Facto And De Jure Recognition

De Facto Recognition
The recognition based only on ‘facts’ is referred to as ‘De facto’ recognition. It
is a temporary and provisional recognition which can be withdrawn anytime in
future. The recognition provided to a de facto arrangement is done after
following the factual details and it is not mandatory to follow the proper
procedure of law. The rules of state succession are not applicable in de facto
recognition. It means a state having de facto recognition cannot annex other
states or impose succession laws.

The exchange of diplomatic representatives is not possible here. The

membership of the United Nations cannot be granted to a de facto
government even if the majority of states have recognized that de facto
government.

The region which receives de facto recognition from a number of other

regions/nations will have 2 rival governments.

De Jure Recognition
The recognition based only on ‘law’ is referred to as ‘De Jure’ recognition. It is
a permanent recognition which cannot be withdrawn under normal
circumstances. It is mandatory to follow the proper procedure of law to
provide recognition to a De Jure arrangement.

The rules of state succession are applicable in de jure recognition. It means a

state having de jure recognition can annex other states or impose succession
laws. Membership in the United Nations can be granted to a de jure
government when the majority of the states have recognized that de jure
government. The region which receives de jure recognition from a number of
other regions/nations will have only a single government.
Example of De Facto and De Jure Recognition:
Taiwan's unique international status provides a clear example of the
distinction between de facto and de jure recognition.

Despite having a government, a permanent population, and defined borders,

Taiwan's sovereign status is not widely recognized de jure due to political
reasons. However, it maintains de facto relationships with many countries,
allowing for economic and diplomatic interactions without full legal
recognition.

Example of De Facto Recognition:

Consider the situation of Northern Cyprus, recognized only by Turkey

following a declaration of independence in 1983. This presents a clear case of
de facto recognition where the entity exercises control over territory and
governance despite lacking wide legal acknowledgment.

Example of De Jure Recognition:

The Baltic states – Estonia, Latvia, and Lithuania – offer a contrasting scenario.
Following their independence from the Soviet Union, they quickly received de
jure recognition from most of the international community. This legal
recognition declare their sovereignty and entitled them to full participation in
international affairs.

Doctrines of Recognition

Tobar Doctrine:

According to Carlos Tobar, a state or government is only recognized if its

managing system is granted this recognition by democracy.

Estrada Doctrine:
A government must be only recognized based on whether it is in de facto
existence.

Betancourt Doctrine:

This doctrine expresses its disagreement on a state’s recognition by military

means.

Stimson Doctrine:

This doctrine suggests a region cannot be recognized as a state if a new state

combines international territories without peace.