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Trending: Call for Papers Volume 5 | Issue 3: International Journal of Advanced Legal Research [ISSN: 2582-7340]

INTERNATIONAL LAW: DE FACTO AND DE JURE AS MODES OF RECOGNITION OF STATES – S. Aditi Rao

ABSTRACT

The international platform where all the sovereign states form a community is known as international community. These states must be recognised as sovereign states to be a part of community at international level and rights, duties and obligations could be joyfully enjoyed by them. Other states recognise newly formed sovereign nation as part of international law only when the newly formed states are recognised under internal law by United Nations. The state recognised under the international law are said to be independent state of the international community. Therefore, it can be implied that if any state has been recognised as an under the international law, they consider to have a diplomatic relation in the international community with the other existing states.

Presently there are 2 ways of recognition of states internationally i.e. de facto and de jure. De Facto is kind of practical recognition which is less official way to recognise a state or government. Also known as primary recognition before giving de jure recognition. The De Jure recognition is one of the formal ways recognising a state or government by legally acceptance of that as a particular state or government in the world community. This a final recognition to be declared as state globally.

For this type of recognition there are several legal and global laws to be abide by for such a formation as state. The other factors such as population, territory, government and judiciary are essential elements for the formation and recognition of state. There were several nations which either separated from already existing states to get recognised internationally as a new state. Example: Somaliland separated itself from Somalia in 1991, but is not seen as a separate state around the globe whereas works independently. It has its own governing bodies just like Ethiopia, Djibouti, etc. by establishing its diplomatic ties.

INTRODUCTION

There are many ways in which a new state is formed which are either rise from a state which is already existing or rise from an old state which is now appearing as a different name.

According to Black’s Law Dictionary, “recognition” is defined as an action taken by the government to expressly or impliedly acknowledge the existence of the government in a new formed countries as “De Facto” or “De Jure”. According to Article 1 of Montevideo Convention of 1933 “A state to be recognised as under International law should possess a permanent population with a defined territory, government and capacity to enter into relation with other states”. [1]

For recognition of a newly formed state as a person there are certain essentials laid down in the Article 1 of the Montevideo Convention Conference, 1933 which are:

  • There should have been a permanent population.
  • For the control, the territory should be defined.
  • That territory in which the population is existing should have a governing body.
  • The particular entity or state should have capacity to enter into diplomatic and other relations with the existing states globally.

Whenever a new state is formed, it should be recognised new state which is governed under the international law and given all the rights, duties and obligations for enjoyment and accomplish the same. For being a part of International Law in statehood community, a newly formed state must need to be recognised. There are certain criteria to be followed to be recognised as a state.

[1] Article on “” Recognition of States under International Law” by Pankhuri Ananad, 15 June 2019