Saturday, April 27, 2024
01:05 AM (GMT +5)

Go Back   CSS Forums > CSS Optional subjects > Group VI > International Law

Reply Share Thread: Submit Thread to Facebook Facebook     Submit Thread to Twitter Twitter     Submit Thread to Google+ Google+    
 
LinkBack Thread Tools Search this Thread
  #1  
Old Wednesday, July 01, 2020
Banned
 
Join Date: Feb 2020
Location: Lahore, Pakistan
Posts: 31
Thanks: 4
Thanked 13 Times in 9 Posts
Sheikh Arham is on a distinguished road
Post What is recognition? Differentiate between De-facto and De-jure recognition.

Recognition of a state is the act by which another state acknowledges that the political entity recognized possesses the attributes of statehood. Fenwick also subscribes to the view that through recognition the members of the international community acknowledge that a new state has acquired international personality.
According to kelsen, a state to be recognized must have
(1) The community must be politically organized
(2) It should have control over a definite territory.
(3) The community must be independent.

Mode of recognition:
Recognition may be either expressed or implied. Express recognition takes place by formal indication or declaration. Implied recognition without directly expressing it.

Recognition is more a question of policy rather than law e.g Recognition of Israel and P.R.China. The great powers recognized Israel while its boundaries were not yet fully determined. The Peoples Republic of China was not recognized by several states for several years although many states had granted recognition to red China.
Recognition once given cannot be withdrawn. Recognition might be given individually by different states or by some collective international act. Recognition of a country is not affected by change of govt.

A De-facto recognition.
It is extended where a govt. has not acquired sufficient stability. It is provisional (temporary or conditional0 recognition. It is not legal recognition. However, it is recognition in principle. Three conditions for giving de-facto recognition. (i) permanence (ii) the govt. commands popular support (iii) the govt. fulfills international obligations.

De-Jure Recognition.
It is legal recognition. It means that the govt. recognized formally fulfills the requirement laid down by International law. De-jure recognition is complete and full and normal relations can be maintained.
De-facto recognition of a state is a step towards de-jure recognition. Normally the existing states extend de-facto recognition to the new states or govts. It is after a long lapse of time when they find that there is stability in it that they grant de-jure recognition. Such practice is common among the states. The essential feaure of de-facto recognition is that it is provisional and liable to be withdrawn.

Legal effetcs of recognition
The recognized state or Govt. acquires the capacity to enter into diplomatic relations and treaties. She acquires the right to suing in the courts of the recognizing state. The state can claim immunity od diploatic representatives.
Reply With Quote
Reply

Tags
international law, recognition


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Recognition Aleeha Sheikh International Law 2 Wednesday, June 03, 2020 09:51 AM
International Law(ASP Kamran Adil) Argus International Law 69 Monday, February 19, 2018 07:50 PM
Asma Jilani ---- Vs---- Govt. of the Punjab sajidnuml Constitutional Law 5 Saturday, November 11, 2017 06:00 PM
Seniors Plz check my notes topic Recognition imran memon International Law 2 Thursday, November 29, 2012 11:05 PM
Libyan Rebels were recognized as De facto or De jure ?? khanbaba512 International Law 7 Thursday, October 13, 2011 06:22 PM


CSS Forum on Facebook Follow CSS Forum on Twitter

Disclaimer: All messages made available as part of this discussion group (including any bulletin boards and chat rooms) and any opinions, advice, statements or other information contained in any messages posted or transmitted by any third party are the responsibility of the author of that message and not of CSSForum.com.pk (unless CSSForum.com.pk is specifically identified as the author of the message). The fact that a particular message is posted on or transmitted using this web site does not mean that CSSForum has endorsed that message in any way or verified the accuracy, completeness or usefulness of any message. We encourage visitors to the forum to report any objectionable message in site feedback. This forum is not monitored 24/7.

Sponsors: ArgusVision   vBulletin, Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.