Sovereignty requires external acknowledgement. When new states emerge or existing ones dissolve, recognition and succession issues must be resolved.
1. Theories of State Recognition
- Constitutive Theory (Hegel, Anzilotti): Recognition creates the state. An entity does not become an international subject until it is formally recognized by existing states.
- Declaratory / Evidentiary Theory (Hall, Brierly): Statehood exists independently of recognition. Recognition is merely a formal declaration or acknowledgement of an existing fact. (The state must satisfy the Montevideo Convention criteria: permanent population, defined territory, government, and capacity to enter relations).
2. Modes of Recognition
| De Facto Recognition (Temporary) | De Jure Recognition (Permanent) |
|---|---|
| A provisional, conditional recognition reflecting doubt about the stability of the new state. | An absolute, irrevocable, and permanent recognition of the state as a sovereign equal. |
| Does not involve full diplomatic exchange. | Involves full diplomatic relations, exchange of ambassadors, and treaty-making rights. |
| Can be withdrawn if the government loses control. | Cannot be withdrawn; is final. |
3. State Succession
Succession occurs when one state is replaced by another in the responsibility for the international relations of territory.
- Universal Succession: An existing state is completely absorbed or dissolved (e.g., partition or total merger).
- Partial Succession: A part of a state secedes to form a new state (e.g., secession of Bangladesh).
- Consequences: Political treaty obligations generally do not pass to the successor (*Clean Slate Doctrine* for newly independent states), but localized boundary treaties remain binding. Public debts and public property within the territory transfer to the successor state.