International acclaim
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.
Examples of International acclaim
- The recognition of the state of Israel by President Harry S. Truman in 1948.
- The recognition of the People's Republic of China by the United States in 1979, ending decades of diplomatic isolation.
- The recognition of the Palestinian State by the United Nations in 2012.
- The recognition of South Sudan by the African Union in 2011.
- The recognition of Ukraine by the European Union in 2014.
Advantages of International acclaim
The advantages of international acclaim include:
- Increased legitimacy for the recognized state, which can help in fostering a positive international image and in forming positive diplomatic relations with other states.
- Improved access to international organizations, such as the United Nations, which can help to further goals such as economic development and global security.
- Increased political clout, as the state is seen as a legitimate sovereign entity by other countries, allowing the state to more effectively pursue its interests through international channels.
- The potential for economic benefits, as recognition from foreign states can open the door to foreign investment and economic aid.
- Opportunities for cultural exchange, as recognition from other countries can facilitate the spread of cultural values and norms, which can contribute to global understanding and peace.
Limitations of International acclaim
- International acclaim is limited by the recognition of the sovereign rights of other states. In other words, states cannot recognize the sovereignty of another state if it violates the rights of another state or breaches international law.
- International acclaim is limited by the fact that recognition does not require a state to agree with the policies of the recognized state. It merely acknowledges the existence of the state and its right to govern within its own borders.
- International acclaim is limited by the fact that recognition of another state does not necessarily imply any kind of support or endorsement of its policies or actions.
- International acclaim is limited by the fact that recognition of another state does not necessarily mean that the recognizing state will enter into diplomatic relations with that state.
- International acclaim is limited by the fact that recognition of another state does not provide any legal or moral obligation to the recognizing state to defend the recognized state.
- International acclaim is limited by the fact that recognition of another state does not guarantee that the recognizing state will provide any kind of economic aid to the recognized state.
- Diplomatic Recognition - This is the formal recognition of a state by another state, through the exchange of diplomatic relations. Diplomatic recognition is an important step in international law, providing both states with a legal basis to interact with one another in matters of mutual interest.
- De Facto Recognition - This is where a state is not formally recognized by another state, but the recognition is implied through the establishment of diplomatic relations and the exchange of diplomatic representatives.
- Economic Recognition - This is the recognition of a state by another state through the establishment of mutually beneficial economic relationships, such as trade and investment agreements.
- Cultural Recognition - This is the recognition of a state by another state through the establishment of cultural exchanges, such as student exchange programs and cultural events.
- Political Recognition - This is the recognition of a state by another state through the establishment of mutual political relationships, such as the signing of treaties and agreements.
In summary, International acclaim can come in many forms, such as Diplomatic, De Facto, Economic, Cultural and Political Recognition. These forms of recognition provide both states with a legal basis to interact with one another in matters of mutual interest.
| International acclaim — recommended articles |
| Copenhagen criteria — International negotiations — Basel convention — Binding contract — Mercantile law — Community foundation — European Coal and Steel Community — Schengen Area — Hamburg rules |
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
