International acclaim
| International acclaim |
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International acclaim – It is a unilateral political step with national and international legal consequences, under which the state considers an act or status of another State or Government controlling the state (can also be a recognized state). Recognition may be a statement to this end issued by a recognizing government or an act of recognition, such as the conclusion of a treaty with a second state. Voting by a state in the United Nations for membership in another country is the default recognition of that country by the country that votes because only states can be members of the UN.
Types of recognitions are distinguished by
Types of recognition stand out due to:
- number criterion:
- individual recognition - by a given body of international law;
- collective recognition - by a group of countries or an international organization;
- criterion of form:
- explicit recognition - by clearly and unambiguously notifying this fact to the entity concerned;
- presumed recognition - resulting from facts such as the establishment of diplomatic relations or the conclusion of a bilateral agreement, and in the case of territorial changes it is e.g. the creation of a consular district in such an area. Participation in an organization, multilateral agreement, negotiations or conferences is not tantamount to implied recognition;
- criterion of recognition conditio:
- de iure recognition - full, unconditional and irreversible;
- de facto recognition - limited (incomplete), conditional and reversible.
Duty to acclaim
In the absence of unanimity as to the existence of established recognition criteria in individual cases, there is no obligation to recognize. At the same time, it is assumed that states should act in good faith. Also the widely recognized resolution of the Institute of International Law of 1935 defines recognition as a free act. In special cases, certain international bodies even obliged states not to recognize certain entities (the case of Rhodesia)
Withdrawal of acclaim
Country may withdraw the diplomatic recognition of another country or simply refuse to cooperate with that other government, after departing from every diplomatic relations with that country, such as embassies and consulates, and requiring the other country to do the same. The state will accredit a protective power to represent its interests in the other state. The rule of non-recognition of immoral situations or illegal, such as territorial gains by force called the Stimson Doctrine - become more important since World War II, especially at the United Nations. There it is a method of ensuring compliance with global law. Withdrawing government recognition is a more serious act of disapproval than breaking up diplomatic relations
Consequences of recognition
The doctrine is dominated by two main theories regarding the recognition of states: constitutive and declaratory. The first of them states that legal effects occur only at the moment of recognition. The second one says that they occur from the moment when the actual state of affairs meets the conditions set out in international law. This means that according to constitutive theory, the acquisition of subjectivity depends on recognition, while in the case of declarative theory it is a consequence of the occurrence of certain facts, and recognition is only an expression of their notation. Legal effects of state recognition:
- registration and acceptance of a new territorial organization, resulting in the inability to question its subjectivity and competence;
- establishing diplomatic relations;
- recognizing the competences of the organs and representatives of the new state and granting it appropriate privileges and immunities;
- the possibility of appearing before the courts, the use of immunity and the recognition of internal acts of the new state as binding.
References
- Ahere J. (2013),The Paradox that is Diplomatic Recognition: Unpacking the Somaliland Situation
- Carbonnier J. (2019), The decision behind Diplomatic Recognition; A quantitative study of Taiwan and Kosovo
- Högger D. (2015), The Recognition of States: A Study on the Historical Development in Doctrine and Practice with a Special Focus on the Requirements
- Lindsay J. (2014), Engagement without recognition: the limits of diplomatic interaction with contested states, The London School od Econimisc and Political Science
- Solis G. (2016), The Law of Armed Conflict: International Humanitarian Law in War, Cambridge University Press
- Talmon S. (1998), Recognition of Governments in International Law: With Particular Reference to Governments in Exile, Oxford: Clarendon Press
- Taulbee J. (2017),Law Among Nations: An Introduction to Public International Law,Taylor & Francis
Author: Martyna Sołtys
