LAZARO, Michael A.

PS402

PS141 International Law

Prof. Jesus Nicardo M. Falcis III
Theories of State Recognition

1) What are the two theories on Statehood?

2) Explain the two theories
1) International law is dominated by two theories regarding the recognition of
Statehood or State recognition, declaratory theory being one, and the
constitutive theory being the other.
2) A. Declaratory Theory
According to Eckert (2002), an entity becomes a state when it
satisfied the four empirical criteria stated in the 1933 Montevideo
Convention on the Right and Duties of Sates. Accordingly, the four
empirical criteria stated in Article 1 of the said Convention being: a)
a permanent population; b) a defined territory; c) government; and
d) capacity to enter into relations with the other states.
The declaratory theory posits that the moment an entity conforms to
the minimum criteria/requirement needed for it to be a state; the
entity then will become a state free from the consent of other
states. Due to this, it is possible that some States, with this theory,
will not be recognized by other Sovereign states, even if already
met the four criteria.
B. Constitutive Theory
This theory, on the contrary, argues that States and governments
do not legally exist until it recognized by other sovereign states and
the international community. As Worster (2010), defines it, the
constitutive theory states that recognition of an entity as a state is
not automatic. A state is only a state when it is recognized as such
and other states have a considerable discretion to recognize or not.
Moreover, only upon recognition by those other states does the
new state exist.
Like the Declaratory theory, constitutive theory also maintains the
idea and significance of having the criteria for statehood, but having
met such criteria is not sufficient to create a State. What is added in
this theory is the idea that the new state must and should be
recognized by existing states. Conforming with the criteria without
the recognition will only give premature recognition.
Eckert, A. (2002). Constructing States: The Role of the International Community in the Creation of New States. Retrieved
from http://www.princeton.edu/jpia/past-issues-1/2002/2.pdf
Shaw, M. (n.d.). International Law: Recognition. Retrieved from https://www.britannica.com/topic/international-law/Statesin-international-law#ref794948
Worster, W. (2010). Sovereignty: Two Competing Theories of State Recognition. Retrieved from
http://www.exploringgeopolitics.org/publication_worster_willliam_sovereignty_constitutive_declatory_statehood_re
cognition_legal_view_international_law_court_justice_montevideo_genocide_convention/