In international society, historically it has been the practice for one state to recognise formally the existence of another state or government. Recognition is best defined as the willingness to deal with another state or government rep¬resenting the state as a member of the interna¬tional community.
As far as recogni¬tion of states is concerned, this may be because a former colonial territory has gained independence, as with many countries of the Commonwealth, or because part of an existing state has gained its independence from the federal authorities, as with Bangladesh and the former republics of the Soviet Union and Yugoslavia or because a former disputed territory has achieved independence through self-determination, as with Timor-Leste. Similarly, recognition of a government may be necessary when a new administration comes to power unconstitutionally or a civil war gives rise to competing administrations, as in the Sudan for the last decade.
Recognition may be either de jure (as of right) or de facto (accepting the fact of). The latter implies that there may have been something unlawful in the manner of creation of the new state or government but that its effective existence demands that it be treated as an international person. An example was the UK's de facto recognition of the Bolshevik government of the USSR in 1921. In practice, however, the distinction between de jure and de facto recognition is diminishing in importance and, indeed, in the case of states it is hardly relevant.
Essentially, the act of recognition is a political act although it may well be based on legal criteria, or partly based thereon. Thus, the decision whether to recognise will be one for the executive authorities of each state and will be influenced by political, economic and legal considerations. States may refuse recognition of an aspirant state if the latter violates international law.
Read the text again and say whether the following statements are true or false.
1) Recognition is a voluntary act of acknowledgement of one state by another.
2) Recognition of a government is not necessary when a new administration comes to power unconstitutionally.
3) States can conclude bilateral agreements without being recognized by each other.
4) The breach of International law by an aspirant state may lead to recognition by the international community. |
