Public International Law Content
Type of State Recognition
Conditional and Implied Recognition
• Express recognition (making a declaration is not observed) so need implied.
• A matter of intention of the state said to have given recognition (implied).
• Implication aided by the presumption.
• According to Lauterpatch, following justify the implication
– Conclusion of a bilateral treaty
– Formal initiation of diplomatic relation
– Issue of consular exequaturs
• No recognition can be implied from :
– Negotiation (denial of recognition)
– Conclusion of the multilateral treaty and to which the unrecognized entity is
also party (but still do not recognize)
– Admission to international organization / conference together with entity
• Sometimes states are recognized, subject to a condition (generally an obligation which they undertake to fulfill)
– Berlin of Congress (1878) recognized number of states (Bulgaria, Serbia, Rumania etc) under the condition only that these state should not impose any religious disabilities on any of their subjects
• may cause some political problems but the non-observance of the condition would not invalidate the recognition.
Other instances of recognition
• Premature recognition
– In some circumstances, recognition occurs before the criteria of statehood fullfilled
– Recognition of Croatia – recognized before having effective control
• Collective recognition
– ILC, 1971, Collective Recognition means ‘States act collectively during the process of receiving information of the situation, evaluating that information and reaching a decision, and communicating that decision’
• Withdrawal of recognition (Rule : once recognized – cannot invoke)
– Sometimes possible to withdraw (mainly the de facto recognition – which includes ambiguity for future compared to de jure) – eg: loss of effective control >> there will not be ground for recognition >> so withdraw the recognition
• Retroactivity of Recognition
– British and American Court applied principle of retroactivity in following or interpreting the views of executive in recognition
– But Oppenheim, describe rule as ‘one of convenience rather than of principle’
– There is no rule of retroactivity
– Delayed recognition cannot be retroactive because (…) it is unnecessary to have it retroactive