recognition report

8/12/2019 Recognition Report

1/43

RECOGNITION


2/43

The extent of a states membership inthe international community is,

therefore, dependent on the number ofstates prepared to admit it.


3/43

Declaratory Recognition

(Political)affirms the pre-existing fact that the entitybeing recognized already possesses the

status of an international person;

this kind of recognition in highly politicaland discretionary;

as long as political unit possesses all the

elements needed for a state, other states areduty bound to recognize the former. It hasa legal right to be recognized as a state.


4/43

Constitutive Recognition

(Legal)recognition is the last indispensable element thatconverts or constitutes the entity being recognized

into an international person;

recognition is regarded as mandatory and legal and

may be demanded as a matter of right by any entitythat can establish its possession of the four essential

elements of a state;

even if a political unit possesses the ordinaryconstituent elements of a state, still foreign countries

are at liberty to either grant or withhold recognition.The act of recognition is discretionary.


5/43

Recognition may be extended byindividual states or by a number of

them together.


6/43

Recognition may also be conditionalorunconditional, individualor collective.


7/43

In the Philippines, the Presidentdetermines the question of recognition

and his decisions are considered acts ofthe state which are, therefore, notsubject to judicial review.


8/43

OBJECTS OF

RECOGNITION


9/43

Recognition may be extended to a state,to a government, or to a belligerent

community.


10/43

Generally, the recognition of a stateisirrevocable and imports the recognition

of its government. On the other hand,the recognition of a government maybe withdrawn and does not necessarily

signify the existence of a state as the

government may be a mere colony.


11/43

Recognition of belligerencydoes notproduce the same effects as the

recognition of states and governmentsbecause the rebels are accordedinternational personality only in

connection with the hostilities they are

waging.


12/43

KINDS OF RECOGNITION


13/43

Express recognition may

be verbal or in writing.The ways of extending an express recognitionof a state are:

1. formal proclamation

2. announcement

3. stipulation in a treaty

4. a letter or telegram

5. official call

6. conference


14/43

Implied recognition

It takes place when the recognizing state entersinto official intercourse with the new member

by:

exchanging diplomatic representativesbipartite treaty

acknowledging its flag

entering into formal relations with eachother


15/43

In every case, it is important that the actconstituting recognition shall give a clear

indication of an intention:

to treat with the new state as such;to accept the new government as having

authority to represent the state it; purports togovern and maintain diplomatic relations with

it; and

to recognize in the case of insurgents that theyare entitled to exercise belligerent rights.


16/43

Short of an intention, dealings with theentity in question will not give rise to

recognition.


17/43

As to the effect of commonmembership in an international

organization of state that have notpreviously recognized each other, the

view is that they are deemed torecognize each other only within the

said body and not elsewhere.


18/43

RECOGNITION OF STATES


19/43

The recognition of a new state is a freeact by which one or more states

acknowledge the existence on a definiteterritory or a human society politicallyorganized, independent of any existing

state, and capable of observing theobligations of international law, and bywhich they manifest their intention to

consider it a member of the internationalcommunity.


20/43

It does not present much difficulty

when it is established throughpeaceful methods, such as a

plebiscite or agreement.


21/43

RECOGNITION OF

GOVERNMENTS


22/43

The recognition of the newgovernment of a state which has been

already recognized is the free act by

which one or several statesacknowledge that a person or a group

of persons is capable of binding thestate which they claim to represent and

witness their intention to enter intorelations with them.


23/43

Recognition of governments is usually

decided mainly on the basis of politicalconsiderations.


24/43

Where the former government is replaced

by force and the new governmentthereafter claims the right to representthe state to the exclusion of the other, thede juregovernment might have cause for

complaint if recognition is extended byother governments to the de factogovernment.


25/43

Three kinds of de facto

governments are the following:

1. Those established by the inhabitants whorise in revolt against and depose the

legitimate regime.

2. Those established in the course of war bythe invading forces of one belligerent in theterritory of the other belligerent, the

government of which is also displaced.

3. Those established by the inhabitants of astate who secede therefrom withoutoverthrowing its government.


26/43

Tobaror Wilsonprinciple

Recognition shall not be extended toany government established by

revolution, civil war, coup detatorother forms of internal violence until

the freely elected representatives of thepeople have organized a constitutional

government.


27/43

TheStimson principlestates that it was

incumbent upon the members of theLeague of Nations not to recognize any

situation, treaty or agreement whichmay be brought about by means

contrary to the Covenant of the Leagueof Nations or to the Pact of Paris.


28/43

Under theEstrada doctrine, the Mexicangovernment declared that it would, as it sawfit, continue or terminate its relations withany country in which a political upheaval

had taken place and in so doing it does notpronounce judgment, either precipitately ora posteriori, regarding the right of foreign

nations to accept, maintain or replace their

governments or authorities.

The practice of most states now is to


29/43

The practice of most states now is to

extend recognition to a new

government through the application of

these two tests:Objective Test

that the new governmenthas control of the

administrative machinery

of the state with popularacquiescence;

imports that thegovernment must be able

to maintain order withinthe state to repel externalaggression.

Subjective Test

that it is willing to complywith its international

obligation;

employed for the purposeof justifying thewithholding of

recognition from a

government that ispolitically unacceptable.


30/43

If a government satisfies theaforementioned tests, it is usually

recognized asde jure. Where there isno indication of the kind of recognition

being extended, the presumption isthat it is de jure.


31/43

Recognition de jure

Relatively permanent

Vests title in thegovernment to itsproperties abroad

Brings about to fulldiplomatic relations

Recognition de facto

Provisional

Does not vest title

Limited to certainjuridical relations


32/43

EFFECTS OF

RECOGNITION OF STATES

AND GOVERNMENTS


33/43

Full diplomatic relations, exceptwhere the government recognized is

de facto;

Acquisition of the right to sue in thecourts of the recognizing state.

However, mere breach of diplomatic

relations does not have the effect ofwithdrawing the right to sue;


34/43

Doctrine of State Immunity

to cite a foreign sovereign in the municipal courts ofanother state would be an insult which he is entitled toresent and would certainly vex the peace of nations.

Immunity from the jurisdiction of the courts of therecognizing state;

Right to the possession of the properties of its predecessor;and

All acts are validated retroactively, preventing therecognizing state from passing upon their legality in itsown courts.

Consequences of


35/43

Consequences ofrecognition of

governments:A duly recognized revolutionary government

has capacity to sue in the courts of therecognizing state;

A foreign state or government may sue onlywhen it is recognized; but whether recognized

or not, it cannot be sued; and

The recognition of a successful revolutionarygovernment has a retroactive effect andvalidates prior acts of the same government;


36/43


37/43

When the inhabitants of a state riseup in arm for the purpose ofoverthrowing the legitimate

government, a state of belligerencyexists.


38/43

Insurgency

o Initial stage of abelligerency

Directed by militaryauthorities

Usually not recognized

Belligerency

More serious andwidespread

Under a civil government

Settled rules existregarding its recognition


39/43

Generally, belligerency is supposedto be a merely internal affair of the

state. However, any damage cause bythe rebels to a third state isimputable to the legitimate

government.


40/43

When the conflict widens and aggravates, it may be necessary toconsider the formal recognition of the belligerent community,

under the establishment of the following conditions:

There must be an organized civil government directing the rebelforces;

There rebels must occupy a substantial portion of the territory ofthe state;

The conflict between the legitimate government and the rebels

must be serious, making the outcome uncertain; and

The rebels must be willing and bale to observe the laws of war.


41/43

CONSEQUENCES OF

RECOGNITION OF

BELLIGERENCY


42/43

Upon recognition by the parent state,the belligerent community is

considered as separate state for thepurposes of the conflict it is wagingagainst the legitimate government.

Their relations with each other shall be,for the duration of the hostilities,

governed by the laws of war, and their

relations with other states shall besubject to the laws of neutrality.


43/43

Where the recognition is extendedby third states, the above

consequences are effective only as to

them and do not bind other statesnot extending recognition. It is only

where the recognition is made by theparent state that the effects thereof

become general and are legallyapplicable to all other states.

recognition report

Documents