Recognition

Recognition

is how a state determines whether others are accepted as states or governments. It unlocks legal rights: suing foreign courts, diplomatic immunity and law respect abroad.

Shaw´s opinion on Recognition

believes recognition is legally declaratory but politically constitutive, meaning that it doesn´t create legal rights but it does mark a state´s acceptance into the “club” of nations.

Recap of Recognition of a state must have

Permanent Population, defined territory, government, and the capacity to enter relations with other states.

2 rejected extreme policies

tobar and estrada doctrine

Tobar Doctrine

Doesn´t recognize governments that came to power unconstituionally, its seen as unrealistic and moralistic

Estrada Doctrine

Never bother recognizing governments at all, just deals with whoever is in charge, hence avoids the appearance of approval and disapproval.

Stimson Doctrine

Originating in the U.S. in 1932, it is a principle that states that a state should not recognise territorial acquisitions obtained through illegal force.

De facto

A cautious provisional recognition that if the situation changes the recognition disappears. It says: “I think you are in control right now, but I´m not sure it´ll last 100%.

De jure

Full, formal recognition, that says: “I´m confident your control is permanent and legitimate.

4 Other recognition types

Premature, implied, conditional and collective

Premature recognition

Recognizing a state before it really meets the criteria. Can count as an illegal interface in another state´s affairs.

Implied Recognition

Recognition without a formal statement, for example sending a congratulatory message or voting for someone´s UN membership.

Conditional Recognition

Recognizing a state only if it meets certain conditions, however if that condition is changed or broken, it doesn´t cancel the recognition legally, that tends to be more of a political/diplomatic issue.

Collective Recognition

Recognition done via an international body rather than by individual states, however this is quite rare as states like to keep this power for themselves.

Basic idea of non-recognition

“You cannot gain legal rights from an illegal act”.

Legal effects Internationally

Even if a state has not been legally recognized it is still obliged to follow international law. It cannot start to invade people or claim territory that is not theirs.

Legal Effects Domestically (Municipal Law)

Recognition is a decision for the executive government to make, not judges. It is known as the “One Voice” doctrine, since the state cannot have the judiciary saying one thing and the government saying another.