One liner notes on Public International Law: Part 18

 

Vande Matram!

These are some one liner notes on Public International Law. Read them carefully and note them for your knowledge.

One liner notes on Public International Law: Part 18

·        Under Declaratory Theory of recognition of state the independence of a new state does not take into account its acceptance by other states.

·        The Declaratory theory has been given in Article 3 of the Montevideo Convention where it recognises the existence of a new state does not depend upon the mind of the other existing states’ consent.

·        Oppenheim proposed consecutive theory wherein it stated that for a state to be considered as an International entity, it is necessary for it to be recognised by other sovereign states so that it can enjoy its rights and duties.

·        The theory does not propose the non-existence of a state rather it places an emphasis on acceptance by other states for a state to enjoy their exclusive rights.

·        Expressed Recognition is done through an official notification or declaration by an existing state recognising the presence of a newly formed state.

·        Express Rdcognition usually recognises a de jure form of recognition unless provided otherwise by the recognising state in the declaration for considering it under any other form.

·        The action of an existing state done impliedly such as speeches, declarations, which indicates acceptance to a new state as an International person is considered as a form of Implied Recognition.

·        In case of a newly formed government, it is necessary to check the constitutionality of the government to ensure a valid recognition of the same.

·        When a new state comes into existence it becomes necessary to check the structure of the new government to ensure international standards are being followed.

 

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