Theories Of State Recognition In The International Legal System
“States are at this moment of history,
Still at the heart of the International Legal System.” ….Higgins
The concept of Statehood can be traced back to the 15th-16TH Century in Europe where a system of Centralized Rule succeeded in subordinating all other institutions band groups, temporal and spiritual. The modern notion of Statehood was formalized at the peace of Westphalia(1648)________________. States were established as Sovereign Entities and it made them the principal actors on the World Stage.
Then from Europe it expanded to North America and later in the 19th Century to South America and Japan. In the 20th Century, as decolonization started taking place the concept of Statehood eventually expanded to Asia, Africa, Caribbean and the …show more content…
There are various ways of recognizing a new entity. Tis can be done by sending a formal letter to the newly recognized State or by an Official pronouncement or by entering into full diplomatic relations with the new State. Currently recognition is left upto the states and there is no uniformity in the process.
Declaratory and Constitutive Theories of State Recognition in International Law
There are two competing theories which have been accepted in the International Legal Order. These are the Declaratory Theory and the Constitutive Theory.
The earlier mode of recognition of States was based on the Constitutive Theory. The Nineteenth century was dominated with this standard of recognition. As per this theory, the recognition by other States a sine qua non for the creation of a new State. The only mode of existence of a new State as per this theory is by way of recognition by other States. This theory is further split as to whether ‘diplomatic recognition” is required or mere “recognition of existence” is
Still at the heart of the International Legal System.” ….Higgins
The concept of Statehood can be traced back to the 15th-16TH Century in Europe where a system of Centralized Rule succeeded in subordinating all other institutions band groups, temporal and spiritual. The modern notion of Statehood was formalized at the peace of Westphalia(1648)________________. States were established as Sovereign Entities and it made them the principal actors on the World Stage.
Then from Europe it expanded to North America and later in the 19th Century to South America and Japan. In the 20th Century, as decolonization started taking place the concept of Statehood eventually expanded to Asia, Africa, Caribbean and the …show more content…
There are various ways of recognizing a new entity. Tis can be done by sending a formal letter to the newly recognized State or by an Official pronouncement or by entering into full diplomatic relations with the new State. Currently recognition is left upto the states and there is no uniformity in the process.
Declaratory and Constitutive Theories of State Recognition in International Law
There are two competing theories which have been accepted in the International Legal Order. These are the Declaratory Theory and the Constitutive Theory.
The earlier mode of recognition of States was based on the Constitutive Theory. The Nineteenth century was dominated with this standard of recognition. As per this theory, the recognition by other States a sine qua non for the creation of a new State. The only mode of existence of a new State as per this theory is by way of recognition by other States. This theory is further split as to whether ‘diplomatic recognition” is required or mere “recognition of existence” is