Recognition and Theories of Recognition


The word recognition means to declare a new state in the international community. The state must have the necessary state status such as population, region, a government and the ability and power to form relationships with other existing states. When other existing states accept possession of the characteristics of a new state, it is called recognition of the state. Acceptance can be characterized by a formal confirmation by current individuals from the international community of another state, the state is required to satisfy the state's fundamental qualities and has control and competence in relation to other states.
Theories of Recognition
Theories of Recognition

Meaning of ‘State’
Kelsen observes on the state that a community should be treated as a universal person and together fulfill the condition.
A) The community should be politically organized.
b) The community should control a certain area.
C) Control should move towards sustainability.
D) While a community formed should be independent.

The necessary condition of the state is: -
I. People.
Second. Area.
Third. Government.

IV. Sovereignty.

Principle of recognition
There are two principles of recognition. They are as follows: -
1) Constitutional Theory.
2) Declarative Theory.

1.      Constitutive Theory:-Pro. Oppenheim and Sir Hursh Lutherpachet are the main proponents of Constructive Theory. This theory states that only through acknowledgment will there be another state frame and intensification of rights and obligations. This theory states that through acknowledgment there will be a frame and intensity of rights and obligations to another state. The new state is simply structure through acknowledgment and transforms from the international community into an individual. Thus it can be very well said that acknowledgment is a technique to shape another state and will turn into a person in the international community.

2.      Declaratory Theory:- Declaratory Theory states that another state enters the group of the country and has certain privileges and obligations, but for the first time independent states are required to fulfill the recognition of the state's infrastructure.
Benefit of Recognition
A political party has a very important role in the formation of a new state or recognition of the state, there are some disadvantages if the state is not recognized by the existing states. In either case, the acknowledgment gives an opportunity to establish discretionary relations with the alleged states.

Disadvantages of unrecognized State
1. An unrecognized state does not have the ability to sue a non-alleged state court.
2. An unrecognized state does not have the power to enter into any relationship with other states.
3. Unrecognized states cannot enjoy diplomatic privileges.

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