Académique Documents
Professionnel Documents
Culture Documents
of Non-Recognition
Commercial Arbitration for Settlement of International Disputes
International Business Law
Submitted to: Dr. Abhijeet Biswas
Submitted by: Nida Ali
Recognition
A Permanent
Population Government
Capacity to
enter into
A defined
relations with
Territory
the other
Montevideo
states
Convention
1933
Theories of Recognition
Constitutive Theory
Declaratory Theory
1. Expressed Recognition:
o An existing state recognizes another state by releasing a public statement
by way of notification or a declaration announcing the intention of
Recognition. Grant is expressed in written words.
o Diplomatic letters/notes, statements, telegrams. Example: The statement
of French President to recognize the independency of Algeria on 3 July
1963.
o International treaty Example: Japan recognized South Korea via article 12
of Peace Treaty on 8 September 1951.
Forms of Recognition of States
2. Implied Recognition
o Does not release a formal statement but recognizes the state by some acts
which imply that the state is being recognized.
o Sending a diplomatic agent
o Having a talk with an official or a head of state
o Making an agreement with the state Example: Prime Minister of Israel,
Shimon Perez, visited Morocco on 21 July 1986 and had a talk with King
Hassan II to seek solutions for Middle East problems
Forms of Recognition of States
3. Collective Recognition
o Via international treaty or multilateral conference
o Example: 5 ASEAN countries on 18 April 1975 recognized Cambodia
Forms of Recognition of States
De facto Recognition
De jure Recognition
• De jure recognition is the recognition of a new state by the existing state when
they consider that the new state fulfils all the essential characteristics of a
state. The de jure recognition can be granted either with or without granting de
facto recognition.
Modes of Recognition