Public International Law Content
Modes of Recognition ( De-facto, De-jure, )
De facto, De jure Recognition
– Primarily refers to government (criteria of statehood) – in case if government is unconstitutional.
– But also sometimes applicable to State.
• Brownlie argues : there is no such thing as a de facto state (but accepts de facto government).
• De facto recognition can be thought of as an attitude of wait and see, since it includes ambiguity.
• indicate something above non-recognition, but below de jure recognition
• in accordance with the political facts and its interests
• Means that in the opinion of the recognizing state, provisionally and temporarily and within all due reservations for the future, the state or government recognized fulfills the requirement in fact
• used as ‘a simple acknowledgment that a government exists and wields effective control over people and territory’.
• Means that in the opinion of recognizing state, provisionally and temporary
• Government is recognized ‘de facto government’ of a state may involve a purely political judgment, involving a reluctant or cautious acceptance of a government.
• Intended as a determination of the existence of an effective government, but with reservations as to its permanence and viability.
• Thus, recognition only by the fact
• Defacto States
– A de facto state is a geographical and political entity that has all the features of a state, but is ‘unable to achieve any degree of substantive recognition and therefore remains illegitimate in the eyes of international society’.
– Examples of de facto states are the Republic of Somaliland and the Republic of Kosovo
De jure Recognition
• ‘pure’ and full form of recognition
• State or government recognized formally fulfills the requirements laid down by international law for effective participation in the international community‘
• follows where the recognizing state accepts that the effective control displayed by the [new] government is permanent and firmly rooted and that there are no legal reasons detracting from this
• has legal implications and substantially changes relationships
• said that de jure recognition is irrevocable while de facto recognition can be withdrawn
• In the political sense recognition of either kind can always be withdrawn
• Legally it cannot be unless a change of circumstance is present
• UK recognized Soviet States
– De facto in 1921
– De jure in 1924
– Recognized de facto sovereign and independent
– Not universally recognized as de jure