Grounds for Recognition and Non- Recognition


Recognition depends on political views (policy) rather than legal grounds.
– Conditioned principally by the necessity of protecting its own interest (maintaining proper relation with any new state or new government that is likely to be stable and permanent)
• While making the decision of recognition
– weigh the advantages against the disadvantages of this decision
Non-Recognition 
• Warbick (five possible meaning of non-recognition)
[while making declaration of non-recognition]
– A statement of neutrality, under which no view is taken deliberately as to the entity’s statehood
– Driven purely by political calculations (thereby implying recognition of statehood in law)
– Driven by the understanding that recognition would be unlawful or premature (genuine non recognition)
– Issued on the basis that supervening obligations in custom or treaty prevent recognition
– Issued on the basis of supervening obligation imposed by the Security Council
Non-Recognition
• Stimson Doctrine of non-recognition
– means to not grant recognition to the new entities or the some factual positions which are the result of any illegal actions such as using force
– Supports the principle that, legal rights cannot obtain from an illegal situation. ( ex injuria jus non oritur)
• Collective non Recognition
• ILC articles on State Responsibility (Art. 41(2))
– No State shall recognize as lawful situation created by a serious breach of an obligation arising under a peremptory norm of international law
• Thus, duty of non-recognition of illegal acquisition of territory (Legal consequence of the construction of wall in the Palestine, ICJ, Advisory Opinion, 2004)