Recognition of States and Governments

Recognition is the formal or implied acceptance of an entity or authority for purposes of international relations. Recognition of a state accepts that an entity possesses international legal personality, whereas recognition of a government accepts that a particular regime is entitled to represent an already existing state. Recognition does not necessarily imply political approval.

Different objects of recognition

State recognition concerns the existence of the state itself; government recognition concerns only the identity of the authority acting on its behalf.

• For state recognition, the traditional indicators of statehood are a permanent population, defined territory, government and capacity to conduct international relations.
• A change of rulers, constitution or political system normally does not end the state's legal identity or its treaty obligations.
• Government recognition asks whether a regime exercises sufficiently effective and independent control and can represent the state internationally.
• Government recognition presupposes continuity of the state, even where rival authorities claim to govern it.

Forms and legal approach

Recognition may be express, through an official declaration, or implied from conduct that clearly manifests acceptance. Mere political contact or negotiation does not necessarily amount to recognition.

• The declaratory theory holds that an entity becomes a state by satisfying the conditions of statehood; recognition acknowledges an existing fact.
• The constitutive theory treats recognition by existing states as creating international personality in relation to the recognising state.
• The declaratory approach is more consistent with modern international law, although recognition remains important for practical participation in international relations.
• Especially for governments, de facto recognition has denoted provisional acceptance based on actual control, while de jure recognition has denoted fuller and more definitive acceptance.

Practical consequences

• Recognising a state normally endures despite changes of government; recognising one government may cease when another authority becomes the accepted representative.
• Recognition can affect diplomatic representation, access to state property abroad, immunities and the treatment of official acts before the recognising state's courts.
• Recognition and diplomatic relations are distinct: diplomatic relations may be severed without denying the continued existence of the state.

How UPSC asks this