Publıc Internatıonal Law I Deneme Sınavı Sorusu #1331797

"A new state or a new government exists independent of recognition. The recognition is merely an evidence of the fact that the new entity fulfils the essentials of Statehood or of a government."

Which one of the below is described above?


Express Recognition

Implied recognition

Constitutive Theory

Declaratory Theory

Collective recognition


Yanıt Açıklaması:

Express recognition: A state may convey its decision of recognition to the new entity or government through a formal announcement, which may take the form of public statement or notification or diplomatic note or a personal message sent to the new entity. 

Implied recognition: Recognition may be inferred from the conduct of the parties involved. The act must clearly indicate that a recognizing state has a clear and inescapable intention to recognize. The intention, then, is the crucial aspect of recognition.

According to the constitutive theory, an entitybecomes a state only by virtue of recognition. It is through the act of recognition alone that a new state emerges as an international person or a new government derives the requisite authority or status in the international arena.

In contrast to the constitutive theory, the declaratory theory (also called evidentiary theory) considers that a new state or a new government exists independent of recognition. The recognition is merely an evidence of the fact that the new entity fulfils the essentials of Statehood or of a
government.

International law does not prescribe or prohibit the grant of collective recognition. States may grant recognition collectively. Collective recognition can be granted by states through some collective international act or through the medium of an international institution.

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